Section 1 (1) definition BEFORE repealed by 2001-3-11(a), effective January 1, 1994 [retro from March 29, 2001 (Royal Assent)].
"mining reclamation trust" has the same meaning as in section 248 (1) of the federal Act;
Section 1 (1) definition BEFORE repealed by 2001-3-11(b), effective March 16, 2001 [retro from March 29, 2001 (Royal Assent)].
"prescribed" has the same meaning as in the federal Act;
Section 1 (1) definitions of "deputy head", "minister" and "Provincial minister" BEFORE amended by 2003-23-14(a), effective April 10, 2003 (Royal Assent).
"deputy head" means
(a) the deputy Provincial minister or permanent head of that portion of the public service of British Columbia administered by the Provincial minister, or
(b) if a collection agreement is entered into, the Commissioner of Customs and Revenue;
"minister" means the Minister of National Revenue, but in any provision of the federal Act that is incorporated by reference in this Act, unless a collection agreement has been entered into, a reference to the minister must be read and construed for the purposes of this Act as a reference to the Provincial minister;
"Provincial minister" means the Minister of Finance and Corporate Relations of British Columbia or, if a collection agreement is entered into, means,
(a) in relation to the remittance of any amount as or on account of tax payable under this Act, the Receiver General for Canada, and
(b) in relation to any other matter, the minister;
Section 1 (1) definitions of "federal minister", "finance minister" and "ministry" were added by 2003-23-14(b), effective April 10, 2003 (Royal Assent).
Section 1 (1) definition of "Receiver General for Canada" BEFORE repealed by 2003-23-14(c), effective April 10, 2003 (Royal Assent).
"Receiver General for Canada" means the Receiver General for Canada, but in any provision of the federal Act that is incorporated by reference in this Act, unless a collection agreement is entered into, a reference to the Receiver General for Canada must be read and construed for the purposes of this Act as a reference to the Provincial minister;
Section 1 (4) BEFORE changes were made by 2001-3-11(c), effective March 16, 2001 [retro from March 29, 2001 (Royal Assent)].
(4) For the purposes of this Act, unless they are at variance with the definitions in this section, the definitions and interpretations in or made by federal regulations apply.
Section 1 (7) (i) BEFORE amended by 2003-23-15(a), effective April 10, 2003 (Royal Assent).
(i) subject to subsection (8), a reference in that section to a word or expression set out in Column 1 of the following table must be read as a reference to the word or expression set out opposite it in Column 2:
Section 1 (7) (i) Table BEFORE amended by 2003-23-15(b), (c) and (d), effective April 10, 2003 (Royal Assent).
| Column 1 | Column 2 |
| Her Majesty | Her Majesty in Right of the Province of British Columbia |
| Canada | British Columbia |
| Receiver General | Provincial minister |
| Commissioner of Customs and Revenue | deputy head |
| Deputy Attorney General of Canada | Deputy Attorney General of British Columbia |
| Tax Court of Canada | Supreme Court of British Columbia |
| Tax Court of Canada Act | Supreme Court Act |
| Federal Court of Canada | Supreme Court of British Columbia |
| Federal Court Act | Supreme Court Act |
| Registrar of the Tax Court of Canada | Registrar of the Supreme Court of British Columbia |
| Registry of the Federal Court | Registry of the Supreme Court of British Columbia |
| Criminal Code | Offence Act |
| Canada Customs and Revenue Agency | Ministry of the Provincial minister |
Section 1 (8) (b.1) was added by 2001-34-5, effective July 31, 2001 [retro from August 16, 2001 (Royal Assent)].
Section 1 (8) (e) was added by 2003-23-16(b), effective January 1, 2000 [retro from April 10, 2003 (Royal Assent)].
Section 1 (9) BEFORE repealed by 2003-23-16(d), effective April 10, 2003 (Royal Assent).
(9) Subsection (8) (c) of this section applies only if the proposed section 120.4 of the federal Act, as contained in section 30 of the Income Tax Amendments Act, 1999 (Canada), is enacted, with or without amendments, by the Parliament of Canada.
Section 1 definition of "Canadian-controlled private corporation" was added by 2004-40-10(a), effective April 1, 2002 [retro from May 13, 2004 (Royal Assent)].
Section 1 (7) (f) BEFORE amended by 2004-40-10(b), effective June 18, 2004 (BC Reg 283/2004).
(f) if that section contains a reference to the Bankruptcy and Insolvency Act (Canada), that section must be read without reference to the Bankruptcy and Insolvency Act (Canada),
Section 1 (8) (b.1) BEFORE amended by 2007-31-8, effective January 1, 2006 [retro from May 31, 2007 (Royal Assent)].
(b.1) the definition of "Canadian exploration expense" in section 66.1 (6) of the federal Act as that definition applies for the purposes of section 4.721 of this Act by virtue of paragraph (a) of the definition of "BC flow-through mining expenditure" in section 4.721 (1) of this Act;
Section 1 (8) (c.1), (c.2) and (d.2) were added by 2008-10-35, effective May 1, 2008 (Royal Assent).
Section 1 (8) (c.1), (c.2) BEFORE amended by 2010-5-179, effective April 29, 2010 (Royal Assent).
(c.1) the definition of "return of income" in section 122.5 (1) of the federal Act as that definition applies for the purposes of section 8.1 of this Act;
(c.2) section 122.5 (6.2) as that section applies for the purposes of section 8.1 of this Act;
Section 1 (8) (d.2) BEFORE amended by 2010-5-179, effective April 29, 2010 (Royal Assent).
(d.2) the definition of "non-resident" in section 248 (1) of the federal Act as that definition applies for the purposes of section 122.5 (6.2) of the federal Act, as that section applies for the purposes of section 8.1 of this Act;
Section 1 (6.1) and (6.2) were added by 2010-18-5(a), effective December 14, 2007 [retro from June 3, 2010 (Royal Assent)].
Section 1 (8) (e) BEFORE amended by 2010-18-5(b), effective December 14, 2007 [retro from June 3, 2010 (Royal Assent)].
(e) the definition of "taxable income earned in Canada" in section 248 (1) of the federal Act as that definition applies for the purposes of Division 2 of Part 1 of this Act.
Section 1 (8) (f) was added by 2010-18-5(c), effective December 14, 2007 [retro from June 3, 2010 (Royal Assent)].
Section 1 (8) (d) BEFORE amended by 2014-4-15, effective March 24, 2014 (Royal Assent).
(d) the definitions of "eligible individual" and "return of income" in section 122.6 of the federal Act as those definitions apply for the purposes of sections 10 to 13 of this Act;
Section 1 definition of "taxation year" BEFORE amended by 2016-10-16, effective December 21, 2002 [retro from May 19, 2016 (Royal Assent)].
"taxation year" has the same meaning as in section 249 (1) of the federal Act and, in the case of an estate or trust arising on death, has the same meaning as in section 104 (23) of that Act;
Section 1 (1) definition of "regulation" BEFORE amended by 2018-12-1, effective October 8, 2010 [retro from May 17, 2018 (Royal Assent)].
"regulation" means a regulation made by the Lieutenant Governor in Council under this Act;
Section 1 (8) (d) BEFORE amended by 2018-12-2, effective July 1, 2018.
(d) the definitions of "eligible individual" and "return of income" in section 122.6 of the federal Act as those definitions apply for the purposes of sections 10 to 13 and 13.07 to 13.09 of this Act;
Section 1 (8) (d) BEFORE amended by 2019-7-4, effective July 1, 2020.
(d) the definitions of "eligible individual" and "return of income" in section 122.6 of the federal Act as those definitions apply for the purposes of sections 13.07 to 13.09 of this Act;
Section 1 (1) definition of "deputy head" BEFORE amended by 2023-10-316, effective March 30, 2023 (Royal Assent).
"deputy head" means,
(a) if a collection agreement is not in effect, the deputy Provincial minister, or
(b) if a collection agreement is in effect, the Commissioner of Customs and Revenue;
Section 1 (7) (i) table item BEFORE amended by 2023-10-316, effective March 30, 2023 (Royal Assent).
| Commissioner of Customs and Revenue | deputy head |
Section 1 (8.1) (a) BEFORE amended by 2023-10-316, effective March 30, 2023 (Royal Assent).
(a) a reference to the Commissioner of Customs and Revenue in the federal Act must continue to be read as a reference to the Commissioner of Customs and Revenue,
Section 1 (7) (i) table item BEFORE amended by 2023-23-52, effective May 11, 2023 (Royal Assent).
| Canada Customs and Revenue Agency | ministry |
Section 1 (8) (c.01) was added by 2023-23-53, effective June 21, 2018 [retro from May 11, 2023 (Royal Assent)].
Section 1 (8) (c.2) and (d.2) BEFORE amended by 2023-23-54, effective January 1, 2023 [retro from May 11, 2023 (Royal Assent)].
(c.2) section 122.5 (6.2) as that section applies for the purposes of sections 8.1 and 8.2 of this Act;
(d.2) the definition of "non-resident" in section 248 (1) of the federal Act as that definition applies for the purposes of section 122.5 (6.2) of the federal Act, as that section applies for the purposes of sections 8.1 and 8.2 of this Act;
Section 1 (8) (d.11) was added by 2023-23-55, effective June 29, 2021 [retro from May 11, 2023 (Royal Assent)].
Section 4 (1) definition "surtax" BEFORE repealed by 2000-15-32, effective January 1, 2001.
"surtax" means the amount of the increase in tax referred to in section 4.86 (2).
Section 4 (1) definition "taxable income earned in Canada" was added by 2003-23-17(b), effective January 1, 2000 [retro from April 10, 2003 (Royal Assent)].
Section 4 (1) definition of "income for the year", paragraph (c) BEFORE amended by 2003-23-17(a), effective April 10, 2003 (Royal Assent).
(c) in the case of an individual who is a specified individual in relation to the year, the individual's income for the year as defined in the proposed section 120 (3) (c) of the federal Act, and
Section 4 (2) BEFORE repealed by 2003-23-18, effective April 10, 2003 (Royal Assent).
(2) Paragraph (c) of the definition of "income for the year" applies only if the proposed section 120 (3) (c) of the federal Act, as contained in section 27 (3) of the Income Tax Amendments Act, 1999 (Canada) is enacted, with or without amendments, by the Parliament of Canada.
Section 4.1 (1), (2), and (3) BEFORE amended made by 2000-15-33, effective January 1, 2001.
4.1 (1) Subject to subsections (2), (3), (5) and (6) of this section and to sections 4.8 to 4.84 and 4.86, the tax payable under this Act by an individual on the individual's taxable income for the 2000 taxation year is as follows:
(a) if the taxable income does not exceed $30 004, 8.4% of the taxable income;
(b) if the taxable income exceeds $30 004 and does not exceed $60 009,
(i) the highest amount that might be determined for an individual under paragraph (a) of this subsection,
plus
(ii) 12.4% of the amount by which the taxable income exceeds $30 004 and does not exceed $60 009;
(c) if the taxable income exceeds $60 009,
(i) the highest amount that might be determined for an individual under paragraph (b) of this subsection,
plus
(ii) 14.35% of the amount by which the taxable income exceeds $60 009.
(2) For the purposes of subsection (1) (b) (i) and (c) (i), the highest amount that might be determined for an individual under subsection (1) (a) or (b), as the case may be, must be rounded to the nearest multiple of one dollar or, if the highest amount is equidistant from 2 such consecutive multiples, to the higher multiple.
(3) Subject to subsections (4) to (6) of this section and to sections 4.8 to 4.84 and 4.86, if the individual is an inter vivos trust, as defined in section 108 (1) of the federal Act, the tax payable under this Act by the trust on its taxable income for a taxation year is the amount determined by the formula
| H x I |
where
H is the highest percentage specified in subsection (1) of this section that applies in determining tax that might be payable by an individual under this Act for the year, and
I is the taxable income of the inter vivos trust for the year.
Section 4.1 (1) (a) BEFORE amended by 2001-34-6, effective January 1, 2001 [retro from August 16, 2001 (Royal Assent)].
(a) if the taxable income does not exceed $30 004, 8.4% of the taxable income;
Section 4.1 (1), (b) (ii) BEFORE amended by 2001-34-6, effective January 1, 2001 [retro from August 16, 2001 (Royal Assent)].
(ii) 11.9% of the taxable income that exceeds $30 004 and does not exceed $60 009;
Section 4.1 (1) (c) (ii) BEFORE amended by 2001-34-6, effective January 1, 2001 [retro from August 16, 2001 (Royal Assent)].
(ii) 16.7% of the taxable income that exceeds $60 009 and does not exceed $70 000;
Section 4.1 (1) (d) (ii) BEFORE amended by 2001-34-6, effective January 1, 2001 [retro from August 16, 2001 (Royal Assent)].
(ii) 18.7% of the taxable income that exceeds $70 000 and does not exceed $85 000;
Section 4.1 (1) (e) (ii) BEFORE amended by 2001-34-6, effective January 1, 2001 [retro from August 16, 2001 (Royal Assent)].
(ii) 19.7% of the taxable income that exceeds $85 000.
Section 4.1 (1) (a) BEFORE amended by 2001-34-17(a), effective January 1, 2002.
(a) if the taxable income does not exceed $30 004, 7.3% of the taxable income;
Section 4.1 (1), (b) (ii) BEFORE amended by 2001-34-17(b), effective January 1, 2002.
(ii) 10.5% of the taxable income that exceeds $30 004 and does not exceed $60 009;
Section 4.1 (1), (b) (ii) BEFORE amended by 2001-34-17(b), effective January 1, 2002.
(ii) 13.7% of the taxable income that exceeds $60 009 and does not exceed $70 000;
Section 4.1 (1) (d) (ii) BEFORE amended by 2001-34-17(d), effective January 1, 2002.
(ii) 15.7% of the taxable income that exceeds $70 000 and does not exceed $85 000;
Section 4.1 (1) (e) (ii) BEFORE amended by 2001-34-17(e), effective January 1, 2002.
(ii) 16.7% of the taxable income that exceeds $85 000.
Section 4.1 (1) BEFORE amended by 2003-23-19(a), effective January 1, 2000 [retro from April 10, 2003 (Royal Assent)].
(1) Subject to subsections (2), (3), (5) and (6) of this section and to sections 4.52 and 4.8 to 4.84, the tax payable under this Act by an individual on the individual's taxable income for the 2001 and subsequent taxation years is as follows:
Section 4.1 (3) BEFORE amended by 2003-23-19(b), effective January 1, 2000 [retro from April 10, 2003 (Royal Assent)].
(3) Subject to subsections (4) to (6) of this section and to sections 4.52 and 4.8 to 4.84, if the individual is an inter vivos trust, as defined in section 108 (1) of the federal Act, the tax payable under this Act by the trust on its taxable income for a taxation year is the amount determined by the formula
Section 4.1 (7) was added by 2003-23-19(c), effective January 1, 2000 [retro from April 10, 2003 (Royal Assent)].
Section 4.1 (1) BEFORE amended by 2007-2-1(a), effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(1) Subject to subsections (2), (3) and (5) to (7) of this section and to sections 4.52 and 4.8 to 4.84, the tax payable under this Act by an individual on the individual's taxable income for the 2001 and subsequent taxation years is as follows:
Section 4.1 (1) (a) BEFORE amended by 2007-2-1(b), effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(a) if the taxable income does not exceed $30 004, 6.05% of the taxable income;
Section 4.1 (1) (b) (ii) BEFORE amended by 2007-2-1(c), effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(ii) 9.15% of the taxable income that exceeds $30 004 and does not exceed $60 009;
Section 4.1 (1) (c) (ii) BEFORE amended by 2007-2-1(d), effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(ii) 11.7% of the taxable income that exceeds $60 009 and does not exceed $70 000;
Section 4.1 (1) (d) (ii) BEFORE amended by 2007-2-1(e), effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(ii) 13.7% of the taxable income that exceeds $70 000 and does not exceed $85 000;
Section 4.1 (1) (part) BEFORE amended by 2007-2-2(a), effective January 1, 2008.
(1) Subject to subsections (2), (3) and (5) to (7) of this section and to sections 4.52 and 4.8 to 4.84, the tax payable under this Act by an individual on the individual's taxable income for the 2007 taxation year is as follows:
Section 4.1 (1) (a) BEFORE amended by 2007-2-2(b), effective January 1, 2008.
(a) if the taxable income does not exceed $30 004, 5.7% of the taxable income;
Section 4.1 (1) (b) (ii) BEFORE amended by 2007-2-2(c), effective January 1, 2008.
(ii) 8.65% of the taxable income that exceeds $30 004 and does not exceed $60 009;
Section 4.1 (1) (c) (ii) BEFORE amended by 2007-2-2(d), effective January 1, 2008.
(ii) 11.1% of the taxable income that exceeds $60 009 and does not exceed $70 000;
Section 4.1 (1) (d) (ii) BEFORE amended by 2007-2-2(e), effective January 1, 2008.
(ii) 13% of the taxable income that exceeds $70 000 and does not exceed $85 000;
Section 4.1 (1) (a) BEFORE amended by 2008-10-36(a), effective January 1, 2008 [retro from May 1, 2008 (Royal Assent)].
(a) if the taxable income does not exceed $30 004, 5.35% of the taxable income;
Section 4.1 (1) (b) (ii) BEFORE amended by 2008-10-36(b), effective January 1, 2008 [retro from May 1, 2008 (Royal Assent)].
(ii) 8.15% of the taxable income that exceeds $30 004 and does not exceed $60 009;
Section 4.1 (1) (a) BEFORE amended by 2008-44-3 (a), effective January 1, 2008 [retro from November 27, 2008 (Royal Assent)].
(a) if the taxable income does not exceed $30 004, 5.24% of the taxable income;
Section 4.1 (b) (ii) BEFORE amended by 2008-44-3(b), effective January 1, 2008 [retro from November 27, 2008 (Royal Assent)].
(ii) 7.98% of the taxable income that exceeds $30 004 and does not exceed $60 009;
Section 4.1 (1) (e) BEFORE amended by 2013-17-20(a) and (b), effective January 1, 2014.
(e) if the taxable income exceeds $85 000,
(i) the highest amount that might be determined for an individual under paragraph (d) of this subsection,
plus
(ii) 14.7% of the taxable income that exceeds $85 000.
Section 4.1 (2) BEFORE amended by 2013-17-20(c), effective January 1, 2014.
(2) For the purposes of subsection (1) (b) (i), (c) (i), (d) (i) and (e) (i), the highest amount that might be determined for an individual under subsection (1) (a), (b), (c) or (d), as the case may be, must be rounded to the nearest multiple of one dollar or, if the highest amount is equidistant from 2 such consecutive multiples, to the higher multiple.
Section 4.1 (1) (e) BEFORE amended by 2013-17-21, effective January 1, 2016.
(e) if the taxable income exceeds $85 000 and does not exceed $150 000,
(i) the highest amount that might be determined for an individual under paragraph (d) of this subsection,
plus
(ii) 14.7% of the taxable income that exceeds $85 000 and does not exceed $150 000;
Section 4.1 (1) (f) BEFORE repealed by 2013-17-21, effective January 1, 2016.
(f) if the taxable income exceeds $150 000,
(i) the highest amount that might be determined for an individual under paragraph (e) of this subsection,
plus
Section 4.1 (2) BEFORE amended by 2013-17-21, effective January 1, 2016.
(2) For the purposes of subsection (1) (b) (i), (c) (i), (d) (i), (e) (i) and (f) (i), the highest amount that might be determined for an individual under subsection (1) (a), (b), (c), (d) or (e), as the case may be, must be rounded to the nearest multiple of one dollar or, if the highest amount is equidistant from 2 such consecutive multiples, to the higher multiple.
Section 4.1 (3) and (4) BEFORE amended by 2016-3-23(a), effective January 1, 2016 [retro from March 10, 2016 (Royal Assent)].
(3) Subject to subsections (4) to (7) of this section and to sections 4.52 and 4.8 to 4.84, if the individual is an inter vivos trust, as defined in section 108 (1) of the federal Act, the tax payable under this Act by the trust on its taxable income for a taxation year is the amount determined by the formula
| H x I | |
| where | |
| H is the highest percentage specified in subsection (1) of this section that applies in determining tax that might be payable by an individual under this Act for the year, and | |
| I is the taxable income of the inter vivos trust for the year. | |
(4) Subsection (3) of this section does not apply to an inter vivos trust exempted under section 122 (2) of the federal Act from the application of section 122 (1) of that Act.
Section 4.1 (5) (part) BEFORE amended by 2016-3-23(b), effective January 1, 2016 [retro from March 10, 2016 (Royal Assent)].
| A is the amount determined for the individual under | ||
| (a) subsections (1) and (2) of this section, if the individual is not an inter vivos trust to which subsection (3) applies, or | ||
| (b) subsection (3), if the individual is an inter vivos trust to which subsection (3) applies, | ||
Section 4.1 (6) (part) BEFORE amended by 2016-3-23(b), effective January 1, 2016 [retro from March 10, 2016 (Royal Assent)].
| A is the amount determined for the individual under | ||
| (a) subsections (1) and (2) of this section, if the individual is not an inter vivos trust to which subsection (3) applies, or | ||
| (b) subsection (3), if the individual is an inter vivos trust to which subsection (3) applies, | ||
Section 4.1 (1) (e) BEFORE amended by 2017-12-16, effective January 1, 2018.
(e) if the taxable income exceeds $85 000,
(i) the highest amount that might be determined for an individual under paragraph (d) of this subsection,
plus
Section 4.1 (2) BEFORE amended by 2017-12-16, effective January 1, 2018.
(2) For the purposes of subsection (1) (b) (i), (c) (i), (d) (i) and (e) (i), the highest amount that might be determined for an individual under subsection (1) (a), (b), (c) or (d), as the case may be, must be rounded to the nearest multiple of one dollar or, if the highest amount is equidistant from 2 such consecutive multiples, to the higher multiple.
Section 4.1 (1) (g) BEFORE amended by 2020-18-11(a) and (b), effective January 1, 2020 [retro from August 14, 2020 (Royal Assent)].
(g) if the taxable income exceeds $150 000,
(i) the highest amount that might be determined for an individual under paragraph (e) of this subsection,
plus
Section 4.1 (1) (h) was added by 2020-18-11(c), effective January 1, 2020 [retro from August 14, 2020 (Royal Assent)].
Section 4.1 (2) BEFORE amended by 2020-18-11(d), effective January 1, 2020 [retro from August 14, 2020 (Royal Assent)].
(2) For the purposes of subsection (1) (b) (i), (c) (i), (d) (i), (e) (i) and (g) (i), the highest amount that might be determined for an individual under subsection (1) (a), (b), (c), (d) or (e), as the case may be, must be rounded to the nearest multiple of one dollar or, if the highest amount is equidistant from 2 such consecutive multiples, to the higher multiple.
Section 4.2 (3) (a) BEFORE repealed and struck out "plus" by 2000-15-34, effective January 1, 2001 (Royal Assent).
(a) the amount of surtax payable minus any amounts deducted under section 4.86 (3),
plus
Section 4.2 (3) BEFORE amended by 2001-34-7, effective July 31, 2001 [retro from August 16, 2001 (Royal Assent)].
(3) The amounts that, in computing an individual's tax, may be deducted under sections 4.72, 13.1, 19 (2) and (7), 19.1, 20 and 21 may be deducted only in the order indicated in section 4.79 (3) and only from
Section 4.2 (1) BEFORE amended by 2005-5-2(a), effective January 1, 2005 [retro from March 3, 2005 (Royal Assent)].
(1) The amounts that, in computing an individual's tax, may be deducted under sections 4.3 to 4.65, 4.67, 4.69 and 4.7 may be deducted only in the order indicated in section 4.79 (1) and, subject to section 4.84 (3) (b), only from the amount of tax payable under section 4.1.
Section 4.2 (3) (part) BEFORE amended by 2005-5-2(b), effective January 1, 2005 [retro from March 3, 2005 (Royal Assent)].
(3) The amounts that, in computing an individual's tax, may be deducted under sections 4.72, 4.721, 13.1, 19 (2) and (7), 19.1, 20 and 21 may be deducted only in the order indicated in section 4.79 (3) and only from
Section 4.2 (3) BEFORE amended by 2007-2-3, effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(3) The amounts that, in computing an individual's tax, may be deducted under sections 4.301, 4.72, 4.721, 13.1, 19 (2) and (7), 19.1, 20 and 21 may be deducted only in the order indicated in section 4.79 (3) and only from
(a) [Repealed 2000-15-34.]
(b) the amount of tax payable under sections 4.1, 4.8 to 4.83 and 19 (3) minus any amounts deducted under the provisions referred to in subsections (1) and (2) of this section.
Section 4.2 (1) BEFORE amended by 2016-3-24, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
(1) The amounts that, in computing an individual's tax, may be deducted under sections 4.3, 4.31 to 4.65, 4.67, 4.69 and 4.7 may be deducted only in the order indicated in section 4.79 (1) and, subject to section 4.84 (3) (b), only from the amount of tax payable under section 4.1.
Section 4.2 (3) (part) BEFORE amended by 2020-18-12, effective August 14, 2020 (Royal Assent).
(3) The amounts that, in computing an individual's tax, may be deducted under sections 4.301, 4.72, 4.721, 13.1, 19.1, 20 and 21 may be deducted only in the order indicated in section 4.79 (3) and only from
Section 4.3 (1) BEFORE amended by 2000-15-35, effective January 1, 2001.
Personal credits
4.3 (1) For the purpose of computing the tax payable under this Act for a taxation year by an individual, there may be deducted an amount determined by the formula
| A x B |
where
A is the appropriate percentage for the year
B is the total of
(a) if the individual is entitled to a deduction under section 118 (1) (a) of the federal Act [spousal credit] for the year, an amount equal to the total of
(i) $7 231, and
(ii) an amount determined by the formula
| $6 140 – (C – $614) |
where
C is the greater of $614 and the income for the year of the individual's spouse or, if the individual and the individual's spouse are living separate and apart at the end of that year by reason of a breakdown of their marriage, the spouse's income while married and not so separated,
(b) if the individual is entitled to a deduction under section 118 (1) (b) of the federal Act [equivalent to spousal credit] for the year by reason of a dependent person referred to in that section, an amount equal to the total of
(i) $7 231, and
(ii) an amount determined by the formula
| $6 140 – (D – $614) |
where
D is the greater of $614 and the dependent person's income for the year,
(c) if the individual is entitled to a deduction under section 11(1) (c) of the federal Act [basic personal credit - single status], $7 231,
(d) if the individual is entitled to a deduction under section 118 (1) (c.1) of the federal Act [in-home care of relative credit] by reason of a particular person described in that section, the amount determined by the formula
| $14 047 – D.1 |
where
D.1 is the greater of $11 661 and the particular person's income for the year,
(e) if the individual is entitled to a deduction under section 118 (1) (d) of the federal Act [infirm dependant credit] by reason of a dependant described in that section, the amount determined by the formula
| $7 231 – E |
where
E is the greater of the dependant's income for the year and the amount by which $7 231 exceeds $2 386, and
(f) if the individual is entitled to a deduction in respect of a person under section 118 (1) (b) of the federal Act and would also be entitled, but for section 118 (4) (c) of that Act, to a deduction because of section 118 (1) (c.1) [in-home care of relative credit] or (d) [infirm dependant credit] of that Act in respect of the person, the amount by which the amount determined under paragraph (d) or (e) of this subsection, as the case may be, exceeds the amount determined under paragraph (b) of this subsection in respect of the person.
Section 4.3 (1) (d) and (e) BEFORE amended by 2002-19-6, effective January 1, 2002 [retro from April 11, 2002 (Royal Assent)].
(d) if the individual is entitled to a deduction under section 118 (1) (c.1) of the federal Act [in-home care of relative credit] by reason of a particular person described in that section, the amount determined by the formula
| $14 047 – D.1 |
where
D.1 is the greater of $11 661 and the particular person's income for the year,
(e) if the individual is entitled to a deduction under section 118 (1) (d) of the federal Act [infirm dependant credit] by reason of a dependant described in that section, the amount determined by the formula
| $8 000 – E |
where
E is the greater of the dependant's income for the year and the amount by which $8 000 exceeds $2 386, and
Section 4.3 (1) BEFORE amended by 2009-14-35, effective January 1, 2010.
Personal credits
4.3 (1) For the purpose of computing the tax payable under this Act for a taxation year by an individual, there may be deducted an amount determined by the formula
| A x B |
where
A is the appropriate percentage for the year,
B is the total of
(a) if the individual is entitled to a deduction under section 118 (1) (a) of the federal Act [spousal credit] for the year, an amount equal to the total of
(i) $8 000, and
(ii) an amount determined by the formula
| $6 850 – (C – $685) |
where
C is the greater of $685 and the income for the year of the individual's spouse or common-law partner or, if the individual and the individual's spouse or common-law partner are living separate and apart at the end of that year by reason of a breakdown of their marriage or common-law partnership, the spouse's or common-law partner's income while married or in a common-law partnership and not so separated,
(b) if the individual is entitled to a deduction under section 118 (1) (b) of the federal Act [equivalent to spousal credit] for the year by reason of a dependent person referred to in that section, an amount equal to the total of
(i) $8 000, and
(ii) an amount determined by the formula
| $6 850 – (D – $685) |
where
D is the greater of $685 and the dependent person's income for the year,
(c) if the individual is entitled to a deduction under section 118 (1) (c) of the federal Act [basic personal credit — single status], $8 000,
(d) if the individual is entitled to a deduction under section 118 (1) (c.1) of the federal Act [in-home care of relative credit] by reason of a particular person described in that section, the amount determined by the formula
| $15 670 – D.1 |
where
D.1 is the greater of $12 096 and the particular person's income for the year,
(e) if the individual is entitled to a deduction under section 118 (1) (d) of the federal Act [infirm dependant credit] by reason of a dependant described in that section, the amount determined by the formula
| $9 267 – E |
where
E is the greater of $5 693 and the dependant's income for the year, and
(f) if the individual is entitled to a deduction in respect of a person under section 118 (1) (b) of the federal Act and would also be entitled, but for section 118 (4) (c) of that Act, to a deduction because of section 118 (1) (c.1) [in-home care of relative credit] or (d) [infirm dependant credit] of that Act in respect of the person, the amount by which the amount determined under paragraph (d) or (e) of this subsection, as the case may be, exceeds the amount determined under paragraph (b) of this subsection in respect of the person.
(2) Section 118 (4) to (6) of the federal Act applies for the purposes of this section.
Section 4.3 (1) (a), (b) and (c) BEFORE amended and B.1, B.2, C.1 and C.2 were added by 2012-35-247, effective January 1, 2013.
(a) if the individual is entitled to a deduction under section 118 (1) (a) of the federal Act [spousal credit] for the year, an amount equal to the total of
(i) $11 000, and
(ii) an amount determined by the formula
| $9 653 – (C – $965) |
where
C is the greater of $965 and the income for the year of the individual's spouse or common-law partner or, if the individual and the individual's spouse or common-law partner are living separate and apart at the end of that year by reason of a breakdown of their marriage or common-law partnership, the spouse's or common-law partner's income while married or in a common-law partnership and not so separated,
(b) if the individual is entitled to a deduction under section 118 (1) (b) of the federal Act [equivalent to spousal credit] for the year by reason of a dependent person referred to in that section, an amount equal to the total of
(i) $11 000, and
(ii) an amount determined by the formula
| $9 653 – (D – $965) |
where
D is the greater of $965 and the dependent person's income for the year,
(c) if the individual is entitled to a deduction under section 118 (1) (c) of the federal Act [basic personal credit — single status], $11 000,
Section 4.3 (1.1) definition of "basic personal amount", "spouse or common-law partner amount" and "spouse or dependent amount" BEFORE amended by 2012-35-249, effective January 1, 2014.
"basic personal amount" means $10 124 as adjusted under section 4.52;
"spouse or common-law partner amount" means $8 729 as adjusted under section 4.52;
"spouse or dependent amount" means $873 as adjusted under section 4.52.
Section 4.3 (3) was added by 2018-4-14, effective January 1, 2017 [retro from March 15, 2018 (Royal Assent)].
Section 4.3 (1) (d) BEFORE repealed by 2018-4-15(a), effective January 1, 2018 [retro from March 15, 2018 (Royal Assent)].
(d) if the individual is entitled to a deduction under section 118 (1) (c.1) of the federal Act [in-home care of relative credit] by reason of a particular person described in that section, the amount determined by the formula
| $15 670 - D.1 | |
| where | |
| D.1 is the greater of $12 096 and the particular person's income for the year, | |
Section 4.3 (1) (d.1) was added by 2018-4-15(b), effective January 1, 2018 [retro from March 15, 2018 (Royal Assent)].
Section 4.3 (1) (e) and (f) BEFORE repealed by 2018-4-15(c), effective January 1, 2018 [retro from March 15, 2018 (Royal Assent)].
(e) if the individual is entitled to a deduction under section 118 (1) (d) of the federal Act [infirm dependant credit] by reason of a dependant described in that section, the amount determined by the formula
| $9 267 - E | |
| where | |
| E is the greater of $5 693 and the dependant's income for the year, and | |
(f) if the individual is entitled to a deduction in respect of a person under section 118 (1) (b) of the federal Act and would also be entitled, but for section 118 (4) (c) of that Act, to a deduction because of section 118 (1) (c.1) [in-home care of relative credit] or (d) [infirm dependant credit] of that Act in respect of the person, the amount by which the amount determined under paragraph (d) or (e) of this subsection, as the case may be, exceeds the amount determined under paragraph (b) of this subsection in respect of the person.
Section 4.3 (1) (f.1) was added by 2018-4-15(d), effective January 1, 2018 [retro from March 15, 2018 (Royal Assent)].
Section 4.3 (3) BEFORE repealed by 2018-4-15(e), effective January 1, 2018 [retro from March 15, 2018 (Royal Assent)].
(3) For the 2017 taxation year, references, whether direct or indirect, in subsection (1) (d), (e) and (f) to section 118 (1) (c.1) or (d) of the federal Act, and in subsection (2) to section 118 (4) to (6) of the federal Act, must be read as if those provisions of the federal Act, as they read in their application to the 2016 taxation year, applied to the 2017 taxation year.
Section 4.301 was enacted by 2005-5-3, effective January 1, 2005 [retro from March 3, 2005 (Royal Assent)].
Section 4.301 BEFORE amended by 2007-2-4, effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
B is 3.6% of the amount, if any, by which the individual's income for the year exceeds $16 000.
Section 4.301 BEFORE amended by 2007-2-5 effective January 1, 2008.
4.301 For the purpose of computing the tax payable under this Act for a taxation year by an individual, there may be deducted the amount determined by the formula
| A – B |
where
A is $360, and
B is 3.4% of the amount, if any, by which the individual's income for the year exceeds $16 000.
Section 4.301, description of "A" and "B" BEFORE amended by 2015-9-4, effective January 1, 2015 [retro from March 25, 2015 (Royal Assent)].
| A – B | |
| where | |
| A is $360, and | |
| B is 3.2% of the amount, if any, by which the individual's income for the year exceeds $16 000. | |
Section 4.301 BEFORE amended by 2016-3-25, effective January 1, 2016 [retro from March 10, 2016 (Royal Assent)].
BC tax reduction credit
4.301 For the purpose of computing the tax payable under this Act for a taxation year by an individual, there may be deducted the amount determined by the formula
| A — B | |
| where | |
| A is $432, and | |
| B is 3.5% of the amount, if any, by which the individual's income for the year exceeds $19 000. | |
Section 4.32 (1) BEFORE amended by 2004-28-10, effective January 1, 2004 [retro from April 29, 2004 (Royal Assent)].
4.32 (1) For the purpose of computing the tax payable under this Act for a taxation year by an individual who is entitled to a deduction under section 118 (3) of the federal Act for the year, there may be deducted the amount determined by the formula
Section 4.32 (1) BEFORE amended by 2008-11-10(a), effective January 1, 2007 [retro from May 1, 2008 (Royal Assent)].
Pension credit
4.32 (1) For the purpose of computing the tax payable under this Act for a taxation year by an individual who was resident in British Columbia on the last day of the taxation year and who is entitled to a deduction under section 118 (3) of the federal Act for the year, there may be deducted the amount determined by the formula
| A x B |
where
A is the appropriate percentage for the year, and
B is the smaller of $1 000, and
(a) if the individual has reached 65 years of age before the end of the year, the pension income received by the individual in the year, and
(b) if the individual has not reached 65 years of age before the end of the year, the qualified pension income received by the individual in the year.
Section 4.32 (2) BEFORE repealed by 2008-11-10(b), effective January 1, 2007 [retro from May 1, 2008 (Royal Assent)].
(2) Section 118 (7) and (8) of the federal Act applies for the purposes of this section.
Section 4.32 (1), description of "B", paragraph (b) BEFORE amended by 2019-7-5, effective January 1, 2015 [retro from April 11, 2019 (Royal Assent)].
(b) the amount that is the individual's eligible pension income used in computing the deduction under section 118 (3) of the federal Act for the taxation year.
Section 4.33 was added by 2007-2-6, effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
Section 4.34 was added by 2012-8-36, effective January 1, 2012 [retro from May 14, 2012 (Royal Assent)].
Section 4.34 (1) BEFORE amended by 2015-9-5, effective January 1, 2015 [retro from March 25, 2015 (Royal Assent)].
(1) In this section, "qualifying child" has the same meaning as in section 118.03 (1) of the federal Act.
Section 4.34 (2) BEFORE amended by 2015-9-6, effective January 1, 2015 [retro from March 25, 2015 (Royal Assent)].
(2) For the purpose of computing the tax payable under this Act for a taxation year by an individual who was resident in British Columbia on the last day of the taxation year and who is entitled to a deduction under section 118.03 of the federal Act for the year, there may be deducted the amount determined by the formula
| A x B | |||
| where | |||
| A is the appropriate percentage for the year, and | |||
| B is the total of the following: | |||
| (a) the total of all amounts each of which is, in respect of a qualifying child of the individual for the year, the smaller of | |||
| (i) $500, and | |||
| (ii) the amount determined in respect of the qualifying child by the formula in the description of "B" in section 118.03 (2) of the federal Act and included in computing the individual's deduction under that section for the year; | |||
| (b) if the individual is entitled to a deduction under section 118.03 (2.1) of the federal Act for the year, $500 for each qualifying child of the individual in respect of whom a deduction is made under that section for the year. | |||
Section 4.34 (3) BEFORE amended by 2015-9-7, effective January 1, 2012 [retro from March 25, 2015 (Royal Assent)].
(3) Section 118.03 (3) of the federal Act applies for the purposes of subsection (2) of this section.
Section 4.34 (3) (a) and (b) BEFORE amended by 2015-9-8, effective January 1, 2015 [retro from March 25, 2015 (Royal Assent)].
(a) the individuals may deduct an amount under this section only if the individuals deduct an amount under section 118.03 of the federal Act;
(b) in respect of those individuals who meet the requirement referred to in paragraph (a) of this subsection,
(i) the total of all amounts deducted by the individuals under this section must not exceed the maximum amount that would be deductible for the year by any one of the individuals if that individual were the only individual entitled to deduct an amount under this section, and
(ii) the amount that is deductible under this section by any one of the individuals must be determined using the same proportion that, under section 118.03 (3) of the federal Act, is agreed to by that individual or is fixed for that individual by the federal minister.
Section 4.34 (4) was added by 2017-5-1, effective January 1, 2015 [retro from March 16, 2017 (Royal Assent)].
Section 4.34 BEFORE re-enacted by 2017-12-17, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
Child fitness credit
4.34 (1) In this section, "qualifying child" has the same meaning as in section 122.8 (1) of the federal Act.
(2) For the purpose of computing the tax payable under this Act for a taxation year by an individual who was resident in British Columbia on the last day of the taxation year and who is deemed to have paid an amount under section 122.8 of the federal Act for the year, there may be deducted the amount determined by the formula
| A x B | |||
| where | |||
| A is the appropriate percentage for the year, and | |||
| B is the total of the following: | |||
| (a) the total of all amounts each of which is, in respect of a qualifying child of the individual for the year, the smaller of | |||
| (i) $500, and | |||
| (ii) the amount determined in respect of the qualifying child by the formula in the description of "B" in section 122.8 (2) of the federal Act and included in computing the individual's deemed payment under that section for the year; | |||
| (b) if the individual is deemed to have paid an amount under section 122.8 (3) of the federal Act for the year, $500 for each qualifying child of the individual in respect of whom the individual is deemed to have paid an amount under that section for the year. | |||
(3) If more than one individual is entitled to a deduction under this section for a taxation year in respect of a qualifying child, the following rules apply to those individuals for that taxation year in respect of that qualifying child:
(a) the individuals may deduct an amount under this section only if the individuals are deemed to have paid amounts under section 122.8 of the federal Act;
(b) in respect of those individuals who meet the requirement referred to in paragraph (a) of this subsection,
(i) the total of all amounts deducted by the individuals under this section must not exceed the maximum amount that would be deductible for the year by any one of the individuals if that individual were the only individual entitled to deduct an amount under this section, and
(ii) the amount that is deductible under this section by any one of the individuals must be determined using the same proportion that, under section 122.8 (4) of the federal Act, is agreed to by that individual or is fixed for that individual by the federal minister.
(4) For the purposes of this section, if an individual becomes bankrupt in a calendar year, the following rules apply in respect of any taxation year that ends in the calendar year:
(a) subsection (2) is to be read as if the phrase "who is deemed to have paid an amount under section 122.8 of the federal Act for the year" were "who is deemed to have paid an amount under section 122.8 of the federal Act for the taxation year that ends at the end of the calendar year in which the individual becomes bankrupt";
(b) paragraph (a) (ii) of the description of "B" in subsection (2) is to be read as follows:
(ii) the amount that would be determined in respect of the qualifying child by the formula in the description of "B" in section 122.8 (2) of the federal Act and that would be included in computing the individual's deemed payment under that section for the year, if that Act were read without reference to section 122.8 (5) of that Act;
(c) paragraph (b) of the description of "B" in subsection (2) is to be read as if the phrase "for the year" in both places were "for the taxation year that ends at the end of the calendar year in which the individual becomes bankrupt";
(d) subsection (3) is to be read as follows:
(3) If more than one individual is entitled to a deduction under this section for a taxation year that ends in a calendar year in respect of a qualifying child, the following rules apply to those individuals for any taxation year that ends in the calendar year in respect of that qualifying child:
(a) the individuals may deduct an amount under this section only if the individuals are deemed to have paid amounts under section 122.8 of the federal Act for the taxation year that ends at the end of the calendar year;
(b) in respect of those individuals who meet the requirement referred to in paragraph (a) of this subsection,
(i) the total of all amounts deducted by the individuals under this section for all taxation years that end in the calendar year must not exceed the maximum amount that would be deductible for all taxation years that end in the calendar year by any one of the individuals if that individual were the only individual entitled to deduct an amount under this section, and
(ii) the total amount that is deductible under this section by any one of the individuals for all taxation years that end in the calendar year must be determined using the same proportion that, under section 122.8 (4) of the federal Act, is agreed to by the individual or is fixed for that individual by the federal minister.
Section 4.34 BEFORE repealed by 2017-12-18, effective January 1, 2018.
Child fitness credit
4.34 (1) In this section, "eligible fitness expense" and "qualifying child" have the same meaning as in section 122.8 (1) of the federal Act, as that section, and any regulations referred to in that section, read on December 31, 2016.
(2) For the purpose of computing the tax payable under this Act for a taxation year by an individual who was resident in British Columbia on the last day of the taxation year, there may be deducted the amount determined by the formula
| A x B | |||
| where | |||
| A | is the appropriate percentage for the year, and | ||
| B | is the total of all amounts each of which is, in respect of a qualifying child of the individual for the year, the lesser of $500 and the amount determined by the formula | ||
| C - D | |||
| where | |||
| C | is the total of all amounts each of which is an amount paid in the year by the individual, or by the individual's spouse or common-law partner, that is an eligible fitness expense in respect of the qualifying child of the individual, and | ||
| D | is the total of all amounts that any person is or was entitled to receive, each of which relates to an amount included in computing the value determined for C in respect of the qualifying child that is the amount of a reimbursement, allowance or any other form of assistance, other than an amount that is included in computing the income for any taxation year of that person and that is not deductible in computing the taxable income of that person. | ||
(3) For the purpose of computing the tax payable under this Act for a taxation year by an individual who was resident in British Columbia on the last day of the taxation year, there may be deducted in respect of a qualifying child of the individual the amount equal to $500 multiplied by the appropriate percentage for the year, if
(a) the amount referred to in the description of "B" in subsection (2) is $100 or more, and
(b) an amount is deductible in respect of the qualifying child under section 118.3 of the federal Act in computing any person's tax payable under Part I of that Act for the year.
(4) If more than one individual is entitled to a deduction under this section for a taxation year in respect of a qualifying child,
(a) the total of all amounts deducted by the individuals under this section in respect of the qualifying child must not exceed the maximum amount that would be deductible for the year by any one of the individuals in respect of that qualifying child if that individual were the only individual entitled to deduct an amount under this section, and
(b) if the individuals cannot agree as to what portion of the total amount each individual can deduct under this section, the minister may fix the portions.
Section 4.341 was enacted by 2015-9-9, effective January 1, 2015 [retro from March 25, 2015 (Royal Assent)].
Section 4.341 BEFORE repealed by 2017-12-18, effective January 1, 2018.
Child fitness equipment credit
4.341 For the purpose of computing the tax payable under this Act for a taxation year by an individual who was resident in British Columbia on the last day of the taxation year and who is entitled to a deduction under section 4.34 for the year, there may be deducted the amount determined by the following formula:
| where | |
| A is the amount deducted by the individual under section 4.34 for the year. | |
Section 4.35 was added by 2012-8-36, effective January 1, 2012 [retro from May 14, 2012 (Royal Assent)].
Section 4.35 (1) BEFORE amended by 2015-9-5, effective January 1, 2015 [retro from March 25, 2015 (Royal Assent)].
(1) In this section, "qualifying child" has the same meaning as in section 118.03 (1) of the federal Act.
Section 4.35 (3) BEFORE amended by 2015-8-26, effective January 1, 2012 [retro from March 5, 2015 (Royal Assent)].
(3) Section 118.031 (4) of the federal Act applies for the purposes of subsection (2) of this section.
Section 4.35 BEFORE re-enacted by 2017-12-19, effective January 1, 2016 [retro from November 2, 2017 (Royal Assent)].
Child arts credit
4.35 (1) In this section, "qualifying child" has the same meaning as in section 122.8 (1) of the federal Act.
(2) For the purpose of computing the tax payable under this Act for a taxation year by an individual who was resident in British Columbia on the last day of the taxation year and who is entitled to a deduction under section 118.031 of the federal Act for the year, there may be deducted the amount determined by the formula
| A x B | |||
| where | |||
| A is the appropriate percentage for the year, and | |||
| B is the total of the following: | |||
| (a) the total of all amounts each of which is, in respect of a qualifying child of the individual for the year, the smaller of | |||
| (i) $500, and | |||
| (ii) the amount determined in respect of the qualifying child by the formula in the description of "B" in section 118.031 (2) of the federal Act and included in computing the individual's deduction under that section for the year; | |||
| (b) if the individual is entitled to a deduction under section 118.031 (3) of the federal Act for the year, $500 for each qualifying child of the individual in respect of whom a deduction is made under that section for the year. | |||
(3) If more than one individual is entitled to a deduction under this section for a taxation year in respect of a qualifying child, the following rules apply to those individuals for that taxation year in respect of that qualifying child:
(a) the individuals may deduct an amount under this section only if the individuals deduct an amount under section 118.031 of the federal Act;
(b) in respect of those individuals who meet the requirement referred to in paragraph (a) of this subsection,
(i) the total of all amounts deducted by the individuals under this section must not exceed the maximum amount that would be deductible for the year by any one of the individuals if that individual were the only individual entitled to deduct an amount under this section, and
(ii) the amount that is deductible under this section by any one of the individuals must be determined using the same proportion that, under section 118.031 (4) of the federal Act, is agreed to by that individual or is fixed for that individual by the federal minister.
Section 4.35 BEFORE repealed by 2017-12-20, effective January 1, 2018.
Child arts credit
"eligible expense" has the same meaning as in section 118.031 (1) of the federal Act, as that section, and any regulations referred to in that section, read on December 31, 2016;
"qualifying child" has the same meaning as in section 122.8 (1) of the federal Act, as that section read on December 31, 2016.
(2) For the purpose of computing the tax payable under this Act for a taxation year by an individual who was resident in British Columbia on the last day of the taxation year, there may be deducted the amount determined by the formula
| A x B | |||
| where | |||
| A | is the appropriate percentage for the year, and | ||
| B | is the total of all amounts each of which is, in respect of a qualifying child of the individual for the year, the lesser of $500 and the amount determined by the formula | ||
| C - D | |||
| where | |||
| C | is the total of all amounts each of which is an amount paid in the year by the individual, or by the individual's spouse or common-law partner, that is an eligible expense in respect of the qualifying child of the individual, and | ||
| D | is the total of all amounts that any person is or was entitled to receive, each of which relates to an amount included in computing the value determined for C in respect of the qualifying child that is the amount of a reimbursement, allowance or any other form of assistance, other than an amount that is included in computing the income for any taxation year of that person and that is not deductible in computing the taxable income of that person. | ||
(3) For the purpose of computing the tax payable under this Act for a taxation year by an individual who was resident in British Columbia on the last day of the taxation year, there may be deducted in respect of a qualifying child of the individual the amount equal to $500 multiplied by the appropriate percentage for the year, if
(a) the amount referred to in the description of "B" in the formula in subsection (2) is $100 or more, and
(b) an amount is deductible in respect of the qualifying child under section 118.3 of the federal Act in computing any person's tax payable under Part I of that Act for the year.
(4) If more than one individual is entitled to a deduction under this section for a taxation year in respect of a qualifying child,
(a) the total of all amounts deducted by the individuals under this section in respect of the qualifying child must not exceed the maximum amount that would be deductible for the year by any one of the individuals in respect of that qualifying child if that individual were the only individual entitled to deduct an amount under this section, and
(b) if the individuals cannot agree as to what portion of the total amount each individual can deduct under this section, the minister may fix the portions.
Section 4.351 was enacted by 2017-12-21, effective January 1, 2016 [retro from November 2, 2017 (Royal Assent)].
Section 4.351 BEFORE repealed by 2017-12-22, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
BC back-to-school tax credit
4.351 (1) In this section, "qualifying child", in respect of an individual for a taxation year, means a child of the individual who is, immediately before the beginning of the calendar year in which the taxation year ends, at least 4 years of age but less than 17 years of age.
(2) For the purpose of computing the tax payable under this Act for a taxation year by an individual who was resident in British Columbia on the last day of the taxation year, there may be deducted the amount determined by the formula
| A x B x C | |||
| where | |||
| A | is the appropriate percentage for the year, | ||
| B | is the number of qualifying children of the individual in respect of whom a deduction is made under this section for the year, and | ||
| C | is $250. | ||
(3) If more than one individual is entitled to a deduction under this section for a taxation year that ends in a calendar year in respect of a qualifying child, only one of those individuals may deduct an amount under this section for any taxation year that ends in the calendar year in respect of the qualifying child.
(4) If the individuals referred to in subsection (3) cannot agree which of those individuals may deduct an amount under this section in respect of the qualifying child, the minister may designate an individual who may deduct an amount under this section in respect of that qualifying child.
Section 4.36 was enacted by 2015-9-10, effective January 1, 2015 [retro from March 25, 2015 (Royal Assent)].
Section 4.37 was enacted by 2017-12-23, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
Section 4.4, descriptions of B and D BEFORE amended by 2001-3-12, effective January 1, 2001 [retro from March 29, 2001 (Royal Assent)].
B is the smaller of $200 and the amount that, in computing the individual's deduction under section 118.1 (3) of the federal Act for the year, is used in the formula in that section for the individual's total gifts,
D is the amount that, in computing the individual's deduction under section 118.1 (3) of the federal Act for the year, is used in the formula in that section for the individual's total gifts.
Section 4.4, description of C BEFORE amended by 2013-17-22, effective January 1, 2014.
C is the highest percentage specified in section 4.1 of this Act that applies in determining tax that might be payable under this Act for the year, and
Section 4.4, description of C BEFORE amended by 2013-17-23, effective January 1, 2016.
C is 14.7%, and
Section 4.4 was renumbered as section 4.4 (2) by 2020-18-13(a), effective January 1, 2020 [retro from August 14, 2020 (Royal Assent)].
Section 4.4 (1) was added by 2020-18-13(b), effective January 1, 2020 [retro from August 14, 2020 (Royal Assent)].
Section 4.4 (2) formula BEFORE amended by 2020-18-13(c), effective January 1, 2020 [retro from August 14, 2020 (Royal Assent)].
| (A x B) + [C x (D − B)] |
Section 4.4 (2), description of B, paragraph (b), BEFORE amended by 2020-18-13(d), effective January 1, 2020 [retro from August 14, 2020 (Royal Assent)].
| (b) the amount that, in computing the individual's deduction under section 118.1 (3) of the federal Act for the year, is used in the formula in that section for the individual's total gifts less any portion of that amount used in calculating a deduction claimed for a preceding taxation year by the individual or the individual's spouse or common-law partner under this section or under a provision of an income tax statute of an agreeing or non-agreeing province that is similar to this section, |
Section 4.4 (2), description of D BEFORE amended by 2020-18-13(e), effective January 1, 2020 [retro from August 14, 2020 (Royal Assent)].
| D is the amount that, in computing the individual's deduction under section 118.1 (3) of the federal Act for the year, is used in the formula in that section for the individual's total gifts less any portion of that amount used in calculating a deduction claimed for a preceding taxation year by the individual or the individual's spouse or common-law partner under this section or under a provision of an income tax statute of an agreeing or non-agreeing province that is similar to this section. | ||
Section 4.4 (2), descriptions of E and F were added by 2020-18-13(e), effective January 1, 2020 [retro from August 14, 2020 (Royal Assent)].
Section 4.5 BEFORE amended by 2000-15-36, effective January 1, 2001.
Medical expense credit
4.5 For the purpose of computing the tax payable under this Act for a taxation year by an individual who is entitled to a deduction under section 118.2 (1) of the federal Act for the year, there may be deducted an amount determined by the formula
| [A x (B – C)] – D |
where
A is the appropriate percentage for the year,
B is the amount used in the formula in section 118.2 (1) of the federal Act for B in computing the individual's deduction under that section for the year,
C is the smaller of $1 637 and 3% of the individual's income for the year, and
D is 32% of the total of all amounts each of which is the amount, if any, by which
(a) the income for the year of a person (other than the individual and the individual's spouse) in respect of whom an amount is included in computing the individual's deduction under this section for the year
exceeds
(b) $7 231.
Section 4.5 (2) was added and section 4.5 renumbered as 4.5 (1) by 2001-3-13, effective January 1, 2001 [retro from March 29, 2001 (Royal Assent)].
Section 4.5 (1) BEFORE amended by 2005-5-4(a), (b) and (c), effective January 1, 2004 [retro from July 28, 2005 (BC Reg 259/2005)].
(1) For the purpose of computing the tax payable under this Act for a taxation year by an individual who is entitled to a deduction under section 118.2 (1) of the federal Act for the year, there may be deducted an amount determined by the formula
| [A x (B – C)] – D |
where
A is the appropriate percentage for the year,
B is the amount used in the formula in section 118.2 (1) of the federal Act for B in computing the individual's deduction under that section for the year,
C is the smaller of $1 637 and 3% of the individual's income for the year, and
D is 32% of the total of all amounts each of which is the amount, if any, by which
(a) the income for the year of a person (other than the individual and the individual's spouse or common-law partner) in respect of whom an amount is included in computing the individual's deduction under this section for the year
exceeds
(b) $8 000
Section 4.5 (3) was added by 2005-5-4(d), effective January 1, 2004 [retro from July 28, 2005 (BC Reg 259/2005)].
Section 4.5 (1) description of D BEFORE amended by 2006-2-6, effective January 1, 2005 [retro from December 4, 2006 (BC Reg 309/2006)].
D is the total of all amounts each of which is, in respect of a dependant of the individual, the smaller of $5 000 and the amount determined by the formula
Section 4.5 (1) BEFORE amended by 2012-8-37, effective January 1, 2012 [retro from May 14, 2012 (Royal Assent)].
D is the total of all amounts each of which is, in respect of a dependant of the individual, the smaller of $10 000 and the amount determined by the formula
Section 4.5 (1), descriptions of "C" and "F" BEFORE amended by 2019-7-6, effective January 1, 2018 [retro from April 11, 2019 (Royal Assent)].
C is the smaller of $1 772 and 3% of the individual's income for the year, and
F is the smaller of $1 772 and 3% of the dependant's income for the year.
Section 4.51 (1) BEFORE amended by 2002-19-7(a), effective January 1, 2002 [retro from April 11, 2002 (Royal Assent)].
(1) For the purpose of computing the tax payable under this Act for a taxation year by an individual who is entitled to a deduction under section 118.3 (1) of the federal Act for the year, there may be deducted an amount determined by the formula
| A x $4 293 |
where
A is the appropriate percentage for the year.
Section 4.51 (3) and (3) (b) BEFORE amended by 2002-19-7(b) and (c), effective January 1, 2002 [retro from April 11, 2002 (Royal Assent)].
(3) For the purpose of computing the tax payable under this Act for a taxation year by an individual who has not reached 18 years of age before the end of the taxation year and who is entitled to a deduction under section 118.3 (1) of the federal Act for the year, there may be deducted an amount determined by the formula
| A x ($2 941– B) |
where
A is the appropriate percentage for the year, and
B is the smaller of
(a) $2 941, and
(b) the amount, if any, by which the total of all amounts, each of which is an amount paid in the year for the care or supervision of the individual and included in computing the deductions under sections 63, 64 and 118.2 of the federal Act, exceeds $2 000.
Section 4.51 (5) BEFORE repealed by 2002-19-7(d), effective January 1, 2002 [retro from April 11, 2002 (Royal Assent)].
(5) Subsections (3) and (4) apply only if the proposal contained in paragraph (15) of the Notice of Ways and Means Motion to Amend the Income Tax Act tabled in the House of Commons on February 28, 2000 is enacted, with or without amendments, by the Parliament of Canada.
Section 4.51 (2) (b) and (4) BEFORE amended by 2012-8-38, effective January 1, 2012 [retro from May 14, 2012 (Royal Assent)].
(b) the amount that would be the person's tax payable under this Act for the year if the person were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits], 4.31 [age credit], 4.32 [pension credit] and 4.64 [credit for EI premium and CPP contribution].
T is the amount that would be the person's tax payable under this Act for the year if the person were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits], 4.31 [age credit], 4.32 [pension credit] and 4.64 [credit for EI premium and CPP contribution], and
Section 4.51 (2) (b) and (4), the description of "T", BEFORE amended by 2015-8-27, effective January 1, 2007 [retro from March 5, 2015 (Royal Assent)].
(b) the amount that would be the person's tax payable under this Act for the year if the person were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits], 4.31 [age credit], 4.32 [pension credit], 4.34 [child fitness credit], 4.341 [child fitness equipment credit], 4.35 [child arts credit], 4.36 [BC education coaching tax credit] and 4.64 [credit for EI premium and CPP contribution].
(4) For the purpose of computing the tax payable under this Act for a taxation year by an individual who is entitled to a deduction under section 118.3 (2) of the federal Act for the year in respect of a person referred to in that section, there may be deducted an amount determined by the formula
| D – (T – U) | ||
| where | ||
| D is the amount deductible under subsection (3) of this section in computing that person's tax payable under this Act for the year or that would be so deductible if the person were liable under section 2 to pay tax for the year, | ||
| T is the amount that would be the person's tax payable under this Act for the year if the person were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits], 4.31 [age credit], 4.32 [pension credit], 4.34 [child fitness credit], 4.341 [child fitness equipment credit], 4.35 [child arts credit], 4.36 [BC education coaching tax credit] and 4.64 [credit for EI premium and CPP contribution], and | ||
| U is the amount by which the amount deductible under subsection (1) of this section in computing the person's tax payable under this Act for the year, or that would be so deductible if the person were liable under section 2 to pay tax for the year, exceeds any amount deducted for the year in respect of the person under subsection (2). | ||
Section 4.51 (2) (b) and (4) BEFORE amended by 2015-9-11,12, effective January 1, 2015 [retro from March 25, 2015 (Royal Assent)].
(b) the amount that would be the person's tax payable under this Act for the year if the person were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits], 4.31 [age credit], 4.32 [pension credit], 4.34 [child fitness credit], 4.35 [child arts credit] and 4.64 [credit for EI premium and CPP contribution].
(4) For the purpose of computing the tax payable under this Act for a taxation year by an individual who is entitled to a deduction under section 118.3 (2) of the federal Act for the year in respect of a person referred to in that section, there may be deducted an amount determined by the formula
| D – (T – U) | ||
| where | ||
| D is the amount deductible under subsection (3) of this section in computing that person's tax payable under this Act for the year or that would be so deductible if the person were liable under section 2 to pay tax for the year, | ||
| T is the amount that would be the person's tax payable under this Act for the year if the person were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits], 4.31 [age credit],4.32 [pension credit], 4.34 [child fitness credit], 4.35 [child arts credit] and 4.64 [credit for EI premium and CPP contribution], and | ||
| U is the amount by which the amount deductible under subsection (1) of this section in computing the person's tax payable under this Act for the year, or that would be so deductible if the person were liable under section 2 to pay tax for the year, exceeds any amount deducted for the year in respect of the person under subsection (2). | ||
Section 4.51 (2) (b) BEFORE amended by 2017-12-24, effective January 1, 2016 [retro from November 2, 2017 (Royal Assent)].
(b) the amount that would be the person's tax payable under this Act for the year if the person were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits], 4.31 [age credit], 4.32 [pension credit], 4.33 [adoption expense credit], 4.34 [child fitness credit], 4.341 [child fitness equipment credit], 4.35 [child arts credit], 4.36 [BC education coaching tax credit] and 4.64 [credit for EI premium and CPP contribution].
Section 4.51 (4) description of "T" BEFORE amended by 2017-12-24, effective January 1, 2016 [retro from November 2, 2017 (Royal Assent)].
| T is the amount that would be the person's tax payable under this Act for the year if the person were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits], 4.31 [age credit], 4.32 [pension credit], 4.33 [adoption expense credit], 4.34 [child fitness credit], 4.341 [child fitness equipment credit], 4.35 [child arts credit], 4.36 [BC education coaching tax credit] and 4.64 [credit for EI premium and CPP contribution], and |
Section 4.51 (2) (b) BEFORE amended by 2017-12-25, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
(b) the amount that would be the person's tax payable under this Act for the year if the person were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits], 4.31 [age credit], 4.32 [pension credit], 4.33 [adoption expense credit], 4.34 [child fitness credit], 4.341 [child fitness equipment credit], 4.35 [child arts credit], 4.351 [BC back-to-school tax credit], 4.36 [BC education coaching tax credit] and 4.64 [credit for EI premium and CPP contribution].
Section 4.51 (4) description of "T" BEFORE amended by 2017-12-25, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
| T is the amount that would be the person's tax payable under this Act for the year if the person were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits], 4.31 [age credit], 4.32 [pension credit], 4.33 [adoption expense credit], 4.34 [child fitness credit], 4.341 [child fitness equipment credit], 4.35 [child arts credit], 4.351 [BC back-to-school tax credit], 4.36 [BC education coaching tax credit] and 4.64 [credit for EI premium and CPP contribution], and |
Section 4.51 (2) (b) BEFORE amended by 2017-12-26, effective January 1, 2018.
(b) the amount that would be the person's tax payable under this Act for the year if the person were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits], 4.31 [age credit], 4.32 [pension credit], 4.33 [adoption expense credit], 4.34 [child fitness credit], 4.341 [child fitness equipment credit], 4.35 [child arts credit], 4.36 [BC education coaching tax credit], 4.37 [tax credit for volunteer firefighters and search and rescue volunteers] and 4.64 [credit for EI premium and CPP contribution].
Section 4.51 (4), description of "T" BEFORE amended by 2017-12-26, effective January 1, 2018.
| T is the amount that would be the person's tax payable under this Act for the year if the person were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits], 4.31 [age credit], 4.32 [pension credit], 4.33 [adoption expense credit], 4.34 [child fitness credit], 4.341 [child fitness equipment credit], 4.35 [child arts credit], 4.36 [BC education coaching tax credit], 4.37 [tax credit for volunteer firefighters and search and rescue volunteers] and 4.64 [credit for EI premium and CPP contribution], and |
Section 4.51 (3.1) was added by 2023-23-56, effective January 1, 2020 [retro from May 11, 2023 (Royal Assent)].
Section 4.52 (1) and (2) BEFORE amended by 2002-19-8(a) and (b), effective January 1, 2002 [retro from April 11, 2002 (Royal Assent)].
(1) In subsection (2) of this section, "relevant provision" means section 4.1 (1) [amount of tax payable], 4.3 (1) [personal credits], 4.31 [age credit], 4.5 [medical expense credit] or 4.51 [credit for mental or physical impairment].
(2) For the purpose of computing the tax payable by an individual for a taxation year, other than the 2001 taxation year, each amount expressed in dollars in a relevant provision is to be adjusted so that the amount to be used under the relevant provision for the year is the total of
Section 4.52 (4.1) was added by 2002-19-8(c), effective January 1, 2002 [retro from April 11, 2002 (Royal Assent)].
Section 4.52 (1) BEFORE amended by 2005-5-5, effective January 1, 2004 [retro from March 3, 2005 (Royal Assent)].
(1) In subsections (2) and (4.1) of this section, "relevant provision" means section 4.1 (1) [amount of tax payable], 4.3 (1) [personal credits], 4.31 [age credit], 4.5 [medical expense credit] or 4.51 [credit for mental or physical impairment].
Section 4.52 (1) (b.1) was added by 2005-5-7, effective January 1, 2005 [retro from March 3, 2005 (Royal Assent)].
Section 4.52 (1) (d) BEFORE amended by 2005-5-6, effective January 1, 2004 [retro from July 28, 2005 (BC Reg 259/2005)].
(d) section 4.5 [medical expense credit];
Section 4.52 (8) was added by 2007-2-7, effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
Section 4.52 (2) (part) BEFORE amended by 2009-14-36(a), effective January 1, 2010.
(2) Subject to subsection (4.1), for the purpose of computing the tax payable by an individual for a taxation year, other than the 2001 taxation year, each amount expressed in dollars in a relevant provision is to be adjusted so that the amount to be used under the relevant provision for the year is the total of
Section 4.52 (2) and (5) BEFORE amended and (4.3) and (4.4) were added by 2012-35-250, effective January 1, 2013.
(2) Subject to subsections (4.1) and (4.2), for the purpose of computing the tax payable by an individual for a taxation year, other than the 2001 taxation year, each amount expressed in dollars in a relevant provision is to be adjusted so that the amount to be used under the relevant provision for the year is the total of
(a) the amount that would, but for subsection (5) of this section, be the amount to be used under the relevant provision for the immediately preceding taxation year, and
(b) the product obtained by multiplying
(i) the amount referred to in paragraph (a) of this subsection
by
(ii) the amount, adjusted in the manner that may be prescribed and rounded to the nearest one-thousandth, or, if the result obtained is equidistant from 2 consecutive one-thousandths, to the higher one-thousandth, that is determined by the formula
![]() |
where
A is the Consumer Price Index for British Columbia for the 12-month period that ended on the last September 30 before that year, and
B is the Consumer Price Index for British Columbia for the 12-month period immediately preceding the period mentioned in the description of A.
(5) If an amount to which subsection (2) or (4) applies is not a multiple of one dollar when adjusted as provided in this section, it must be rounded to the nearest multiple of one dollar or, if it is equidistant from 2 such consecutive multiples, to the higher multiple.
Section 4.52 (2) (part) and (4.3) (part) and (5) BEFORE amended by 2012-35-251(a), (b) and (d), effective January 1, 2014.
(2) Subject to subsections (4.1) to (4.4), for the purpose of computing the tax payable by an individual for a taxation year, other than the 2001 taxation year, each amount expressed in dollars in a relevant provision is to be adjusted so that the amount to be used under the relevant provision for the year is the total of
(4.3) In subsection (4.4), "specified amount" means
(5) If an amount to which subsection (2), (4) or (4.4) applies is not a multiple of one dollar when adjusted as provided in this section, it must be rounded to the nearest multiple of one dollar or, if it is equidistant from 2 such consecutive multiples, to the higher multiple.
Section 4.52 (2), (4.3) and (5) BEFORE amended and (4.6) was added by 2012-35-252, effective January 1, 2015.
(2) Subject to subsections (4.1) to (4.5), for the purpose of computing the tax payable by an individual for a taxation year, other than the 2001 taxation year, each amount expressed in dollars in a relevant provision is to be adjusted so that the amount to be used under the relevant provision for the year is the total of
(a) the amount that would, but for subsection (5) of this section, be the amount to be used under the relevant provision for the immediately preceding taxation year, and
(b) the product obtained by multiplying
(i) the amount referred to in paragraph (a) of this subsection
by
(ii) the amount, adjusted in the manner that may be prescribed and rounded to the nearest one-thousandth, or, if the result obtained is equidistant from 2 consecutive one-thousandths, to the higher one-thousandth, that is determined by the formula
![]() | |
| where | |
| A is the Consumer Price Index for British Columbia for the 12-month period that ended on the last September 30 before that year, and | |
| B is the Consumer Price Index for British Columbia for the 12-month period immediately preceding the period mentioned in the description of A. | |
(4.3) In subsections (4.4) and (4.5),"specified amount" means
(a) the basic personal amount as defined in subsection (1.1) of section 4.3 as if that subsection did not include the words "as adjusted under section 4.52",
(b) the spouse or common-law partner amount as defined in subsection (1.1) of section 4.3 as if that subsection did not include the words "as adjusted under section 4.52", and
(c) the spouse or dependent amount as defined in subsection (1.1) of section 4.3 as if that subsection did not include the words "as adjusted under section 4.52".
(5) If an amount to which subsection (2), (4), (4.4) or (4.5) applies is not a multiple of one dollar when adjusted as provided in this section, it must be rounded to the nearest multiple of one dollar or, if it is equidistant from 2 such consecutive multiples, to the higher multiple.
Section 4.52 (1) (b.1) BEFORE amended by 2015-9-13, effective January 1, 2015 [retro from March 25, 2015 (Royal Assent)].
(b.1) except in respect of the 2005 taxation year, section 4.301 [BC tax reduction credit];
Section 4.52 (4.21) BEFORE repealed by 2013-17-25, effective January 1, 2016.
(4.21) For the purpose of computing the tax payable by an individual for the 2014 taxation year, each amount expressed in dollars in a relevant provision is to be adjusted in accordance with subsection (2), except the amount of $150 000 referred to in section 4.1 (1) (e) and (f).
Section 4.52 (1) (b.1) BEFORE amended by 2016-3-26, effective January 1, 2016 [retro from March 10, 2016 (Royal Assent)].
(b.1) except in respect of the 2015 taxation year, section 4.301 [BC tax reduction credit];
Section 4.52 (4.22) BEFORE amended by 2018-4-16, effective January 1, 2018 [retro from March 15, 2018 (Royal Assent)].
(4.22) For the purpose of computing the tax payable by an individual for the 2018 taxation year, each amount expressed in dollars in a relevant provision is to be adjusted in accordance with subsection (2), except the amount of $150 000 referred to in section 4.1 (1) (e) and (g).
Section 4.52 (1) (d) and (f) BEFORE amended by 2019-40-14(a) and (b), effective November 28, 2019 (Royal Assent).
(d) except in respect of the 2004 taxation year, the descriptions of C and F in section 4.5 (1) [medical expense credit];
(f) except in respect of the 2007 taxation year, the description of deduction in section 8.1 (3) [climate action tax credit].
Section 4.52 (2) (b) (ii) description of "B" BEFORE amended by 2019-40-14(c), effective November 28, 2019 (Royal Assent).
B is the Consumer Price Index for British Columbia for the 12-month period immediately preceding the period mentioned in the description of A.
Section 4.52 (7) (c) BEFORE amended by 2019-40-14(d), effective November 28, 2019 (Royal Assent).
(c) rounding the result obtained under paragraph (b) to the nearest one-thousandth or, if the result obtained is equidistant from 2 consecutive one-thousandths, to the higher one thousandth.
Section 4.52 (4.23) was added by 2020-18-14, effective January 1, 2020 [retro from August 14, 2020 (Royal Assent)].
Section 4.52 (1) (e.1) was added by 2023-23-57, effective January 1, 2023 [retro from May 11, 2023 (Royal Assent)].
Section 4.52 (1) (f) BEFORE repealed by 2023-23-58, effective July 1, 2023.
(f) except in respect of the 2007 taxation year, the description of "deduction" in section 8.1 (3) [climate action tax credit].
Section 4.61 (1) (part) BEFORE amended by 2018-4-17(a), effective January 1, 2017 [retro from March 15, 2018 (Royal Assent)].
(1) For the purpose of computing the tax payable under this Act for a taxation year by an individual who is entitled to a deduction under section 118.6 (2) of the federal Act for the year, there may be deducted an amount determined by the formula
Section 4.61 (2) BEFORE amended by 2018-4-17(b), effective January 1, 2017 [retro from March 15, 2018 (Royal Assent)].
(2) Section 118.6 (1) and (3) of the federal Act apply for the purposes of this section.
Section 4.61 BEFORE repealed by 2018-4-18, effective January 1, 2019.
Education tax credit
4.61 (1) For the purpose of computing the tax payable under this Act for each of the 2017 and 2018 taxation years by an individual who would be entitled to a deduction under section 118.6 (2) of the federal Act for that taxation year if that section, as it read in its application to the 2016 taxation year, applied to the 2017 and 2018 taxation years, there may be deducted an amount determined by the formula
| A x B | ||
| where | ||
| A is the appropriate percentage for the year, and | ||
| B is the total of the products obtained when | ||
| (a) $200 is multiplied by the number of months in the year during which the individual is enrolled in a qualifying educational program as a full-time student at a designated educational institution, and | ||
| (b) $60 is multiplied by the number of months in the year, other than the months described in paragraph (a) of this subsection, each of which is a month during which the individual is enrolled at a designated educational institution in a specified educational program that provides that each student in the program spend not less than 12 hours in the month on courses in the program. | ||
(2) For the purposes of this section,
(a) section 118.6 (1) of the federal Act, as that section read in its application to the 2016 taxation year, applies, and
(b) section 118.6 (3) of the federal Act applies as follows:
(i) the portion of that section before paragraph (a), as that portion read in its application to the 2016 taxation year, applies;
(ii) paragraph (a) of that section, as that paragraph read in its application to the 2016 taxation year, applies;
(iii) subject to subparagraph (i) of this paragraph, paragraph (b) of that section applies.
Section 4.62 (2) BEFORE amended by 2000-15-38, effective January 1, 2001.
E is the tuition and education tax credits transferred for the year by the individual to the individual's spouse, parent or grandparent.
Section 4.62 (2) and (3) BEFORE amended by 2001-34-8, effective January 1, 2001 [retro from August 16, 2001 (Royal Assent)].
(2) Subject to subsections (3) and (4), an individual's unused tuition and education tax credits at the end of a taxation year is the amount determined by the formula
| A + (B – C) – (D + E) |
(3) If an individual was not resident in British Columbia on the last day of the preceding taxation year, the individual's unused tuition and education tax credits at the end of that year are deemed to equal the amount that would be the individual's unused tuition and education tax credits at the end of that year under section 118.61 of the federal Act if the percentage applied under sections 118.5 and 118.6 of that Act in computing the individual's tuition and education tax credits had, at all material times, been 8.4% instead of the appropriate percentage as defined in that Act.
Section 4.62 (3) BEFORE repeal by 2001-34-18(a), effective January 1, 2002.
(3) For the purpose of determining the amount that may be deducted under subsection (1) in computing the tax payable for the 2001 taxation year by an individual who was not resident in British Columbia on the last day of the preceding taxation year, the individual's unused tuition and education tax credits at the end of the 2000 taxation year are deemed to equal the amount determined by the formula
| 7.3 | ||
| A x | ||
| 16 |
where
A is the amount deemed under section 118.61 (3) of the federal Act to be the individual's unused tuition and education tax credits at the end of the 2000 taxation year.
Section 4.62 (5) BEFORE repeal by 2001-34-18(b), effective January 1, 2002.
(5) For the purpose of determining the amount that may be deducted under subsection (1) in computing the tax payable for the 2001 taxation year by an individual who was resident in British Columbia on the last day of the preceding taxation year, the individual's unused tuition and education tax credits at the end of the 2000 taxation year are deemed to be 7.3/8.4 of the amount that would be the individual's unused tuition and education tax credits at the end of the 2000 taxation year if this section were read without reference to this subsection.
Section 4.62 (5) was added by 2001-34-8, effective January 1, 2001 [retro from August 16, 2001 (Royal Assent)].
Section 4.62 (2) BEFORE amended by 2007-2-8(a), effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(2) Subject to subsections (3) to (5), an individual's unused tuition and education tax credits at the end of a taxation year is the amount determined by the formula
Section 4.62 (3) BEFORE amended by 2007-2-8(b), effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(3) For the purpose of determining the amount that may be deducted under subsection (1) in computing the tax payable for a taxation year that begins after 2001 by an individual who was not resident in British Columbia on the last day of the preceding taxation year, the individual's unused tuition and education tax credits at the end of that year are deemed to equal the amount that would be the individual's unused tuition and education tax credits at the end of that year under section 118.61 of the federal Act if the percentage applied under sections 118.5 and 118.6 of that Act in computing the individual's tuition and education tax credits had, at all material times, been 6.05% instead of the appropriate percentage as defined in that Act.
Section 4.62 (4) BEFORE amended by 2007-2-8(c) effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(4) For the purposes of this section and sections 4.65 [transfer of unused credits to spouse or common-law partners] and 4.67 [transfer of unused credits to parent or grandparent], an individual's unused tuition and education tax credits at the end of the 1999 taxation year are deemed to equal the amount that would be the individual's unused tuition and education tax credits at the end of that year under section 118.61 of the federal Act if the percentage applied under sections 118.5 and 118.6 of that Act in computing the individual's tuition and education tax credits had, at all material times, been 8.4% instead of the appropriate percentage as defined in that Act.
Section 4.62 (5) BEFORE repealed by 2007-2-8(c), effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(5) For the purpose of determining the amount that may be deducted under subsection (1) in computing the tax payable for the 2002 taxation year by an individual who was resident in British Columbia on the last day of the preceding taxation year, the individual's unused tuition and education tax credits at the end of the 2001 taxation year are deemed to be 6.05/7.3 of the amount that would be the individual's unused tuition and education tax credits at the end of the 2001 taxation year if this section were read without reference to this subsection.
Section 4.62 (1) (b) BEFORE amended by 2007-31-9(a), effective January 1, 2002 [retro from May 31, 2007 (Royal Assent)].
(b) the amount that would be the individual's tax payable under this Act for the year if no amount were deductible under any of sections 4.4 [charitable and other gifts], 4.5 [medical expense credit], 4.6 [tuition credit], 4.61 [education tax credit], 4.63 [credit for interest on student loan], 4.65 [transfer of unused credits to spouse or common-law partner], 4.67 [transfer of unused credits to parent or grandparent] and 4.69 [dividend tax credit].
Section 4.62 (2) description of "C" BEFORE amended by 2007-31-9(b), effective January 1, 2002 [retro from May 31, 2007 (Royal Assent)].
C is the smaller of the value of B and the amount that would be the individual's tax payable under this Act for the year if no amount were deductible under any of sections 4.4 [charitable and other gifts], 4.5 [medical expense credit], 4.6 [tuition credit], 4.61 [education tax credit], 4.63 [credit for interest on student loan], 4.65 [transfer of unused credits to spouse or common-law partner], 4.67 [transfer of unused credits to parent or grandparent] and 4.69 [dividend tax credit],
Section 4.62 (1) (b) (iii.1) was added by 2007-31-10(a), effective January 1, 2007 [retro from May 31, 2007 (Royal Assent)].
Section 4.62 (2) in the description of "C" paragraph (c.1) was added by 2007-31-10(b), effective January 1, 2007 [retro from May 31, 2007 (Royal Assent)].
Section 4.62 (1) (b) (iii.2), (iii.3) and (2) (c.2) and (c.3) were added by 2012-8-39, effective January 1, 2012 [retro from May 14, 2012 (Royal Assent)].
Section 4.62 (1) (b) (iii.21), (iii.4) and (2) (c.21), (c.4) were added by 2015-9-14,15, effective January 1, 2015 [retro from March 25, 2015 (Royal Assent)].
Section 4.62 (1) (b) (iii.31) was added by 2017-12-28, effective January 1, 2016 [retro from November 2, 2017 (Royal Assent)].
Section 4.62 (2) in the description of "C", paragraph (c.31) was added by 2017-12-28, effective January 1, 2016 [retro from November 2, 2017 (Royal Assent)].
Section 4.62 (1) (b) (iii.31) BEFORE repealed by 2017-12-29, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
Section 4.62 (2) in the description of "C", paragraph (c.31) BEFORE repealed by 2017-12-29, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
| (c.31) section 4.35 [BC back-to-school tax credit]; |
Section 4.62 (1) (b) (iii.5) was added by 2017-12-29, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
Section 4.62 (2) in the description of "C", paragraph (c.5) was added by 2017-12-29, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
Section 4.62 (1) (b) (iii.2), (iii.21) and (iii.3) BEFORE repealed by 2017-12-30, effective January 1, 2018.
(iii.2) section 4.34 [child fitness credit];
Section 4.62 (2) description of "C", paragraphs (c.2), (c.21) and (c.3) BEFORE repealed by 2017-12-30, effective January 1, 2018.
| (c.2) section 4.34 [child fitness credit]; | ||
| (c.21) section 4.341 [child fitness equipment credit]; | ||
| (c.3) section 4.35 [child arts credit]; |
Section 4.62 (2) descriptions of "B" and "E" BEFORE amended by 2018-4-19, effective January 1, 2019.
| B is the total of all amounts each of which may be deducted under section 4.6 [tuition credit] or 4.61 [education tax credit] in computing the individual's tax payable under this Act for the year, | ||
| E is the tuition and education tax credits transferred for the year by the individual to the individual's spouse, common-law partner, parent or grandparent. | ||
Section 4.65 BEFORE amended by 2000-15-39, effective January 1, 2001.
Transfer of unused credits to spouse
4.65 For the purpose of computing the tax payable under this Act for a taxation year by an individual who is entitled to a deduction under section 118.8 of the federal Act for the year, there may be deducted an amount determined by the formula
| A + B – C |
where
A is the tuition and education tax credits transferred for the year by the individual's spouse to the individual,
B is the total of all amounts each of which is deductible under section 4.31 [age credit], 4.32 [pension credit] or 4.51 [credit for mental or physical impairment] in computing the tax payable by the spouse under this Act for the year or that would be so deductible if the spouse were liable under section 2 to pay tax for the year, and
C is the amount, if any, by which
(a) the amount that would be the tax payable if the spouse were liable for tax under section 2 for the year and if the only amounts deductible were the amounts under sections 4.3 (1) (c) [basic personal credit - single status], 4.62 [unused tuition and education tax credits] and 4.64 [credit for EI premium and CPP contribution]
exceeds
(b) the smaller of
(i) the total of all amounts that may be deducted under section 4.6 [tuition credit] or 4.61 [education tax credit] in computing the tax payable by the spouse under this Act for the year or that would be so deductible if the spouse were liable under section 2 to pay tax for the year, and
(ii) the amount that would be the tax payable by the spouse under this Act for the year if the spouse were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits], 4.31 [age credit], 4.32 [pension credit], 4.51 [credit for mental or physical impairment], 4.62 [unused tuition and education tax credits] and 4.64 [credit for EI premium and CPP contribution].
Section 4.65 description "B" paragraph (b)(ii) BEFORE amended by 2007-2-9, effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(ii) the amount that would be the tax payable by the spouse or common-law partner under this Act for the year if the spouse or common-law partner were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits] 4.31 [age credit], 4.32 [pension credit], 4.51 [credit for mental or physical impairment], 4.62 [unused tuition and education tax credits] and 4.64 [credit for EI premium and CPP contribution].
Section 4.65 (a) and (b) (ii) BEFORE amended by 2012-8-40, effective January 1, 2012 [retro from May 14, 2012 (Royal Assent)].
(a) the amount that would be the tax payable if the spouse or common-law partner were liable for tax under section 2 for the year and if the only amounts deductible were the amounts under sections 4.3 (1) (c) [basic personal credit — single status], 4.62 [unused tuition and education tax credits] and 4.64 [credit for EI premium and CPP contribution]
(ii) the amount that would be the tax payable by the spouse or common-law partner under this Act for the year if the spouse or common-law partner were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits] 4.31 [age credit], 4.32 [pension credit], 4.33 [adoption expense credit], 4.51 [credit for mental or physical impairment], 4.62 [unused tuition and education tax credits] and 4.64 [credit for EI premium and CPP contribution].
Section 4.65 BEFORE amended by 2015-9-16,17, effective January 1, 2015 [retro from March 25, 2015 (Royal Assent)].
Transfer of unused credits to spouse or common-law partner
4.65 For the purpose of computing the tax payable under this Act for a taxation year by an individual who is entitled to a deduction under section 118.8 of the federal Act for the year, there may be deducted an amount determined by the formula
| A + B – C | |||
| where | |||
| A is the tuition and education tax credits transferred for the year by the individual's spouse or common-law partner to the individual, | |||
| B is the total of all amounts each of which is deductible under section 4.31 [age credit], 4.32 [pension credit], or 4.51 [credit for mental or physical impairment] in computing the tax payable by the spouse or common-law partner under this Act for the year or that would be so deductible if the spouse or common-law partner were liable under section 2 to pay tax for the year, and | |||
| C is the amount, if any, by which | |||
| (a) the amount that would be the tax payable if the spouse or common-law partner were liable for tax under section 2 for the year and if the only amounts deductible were the amounts under sections 4.3 (1) (c) [basic personal credit — single status], 4.34 [child fitness credit], 4.35 [child arts credit], 4.62 [unused tuition and education tax credits] and 4.64 [credit for EI premium and CPP contribution] | |||
| exceeds | |||
| (b) the smaller of | |||
| (i) the total of all amounts that may be deducted under section 4.6 [tuition credit] or 4.61 [education tax credit] in computing the tax payable by the spouse or common-law partner under this Act for the year or that would be so deductible if the spouse or common-law partner were liable under section 2 to pay tax for the year, and | |||
| (ii) the amount that would be the tax payable by the spouse or common-law partner under this Act for the year if the spouse or common-law partner were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits] 4.31 [age credit], 4.32 [pension credit], 4.33 [adoption expense credit], 4.34 [child fitness credit], 4.35 [child arts credit], 4.51 [credit for mental or physical impairment], 4.62 [unused tuition and education tax credits] and 4.64 [credit for EI premium and CPP contribution]. | |||
Section 4.65, in the description of "C", (a) and (b) (ii) BEFORE amended by 2017-12-31, effective January 1, 2016 [retro from November 2, 2017 (Royal Assent)].
| (a) the amount that would be the tax payable if the spouse or common-law partner were liable for tax under section 2 for the year and if the only amounts deductible were the amounts under sections 4.3 (1) (c) [basic personal credit — single status], 4.34 [child fitness credit], 4.341 [child fitness equipment credit], 4.35 [child arts credit], 4.36 [BC education coaching tax credit], 4.62 [unused tuition and education tax credits] and 4.64 [credit for EI premium and CPP contribution] | |||
| (b) the smaller of | |||
| (ii) the amount that would be the tax payable by the spouse or common-law partner under this Act for the year if the spouse or common-law partner were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits], 4.31 [age credit], 4.32 [pension credit], 4.33 [adoption expense credit], 4.34 [child fitness credit], 4.341 [child fitness equipment credit], 4.35 [child arts credit], 4.36 [BC education coaching tax credit], 4.51 [credit for mental or physical impairment], 4.62 [unused tuition and education tax credits] and 4.64 [credit for EI premium and CPP contribution]. | |||
Section 4.65, in the description of "C", (a) and (b) (ii) BEFORE amended by 2017-12-32, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
| (a) the amount that would be the tax payable if the spouse or common-law partner were liable for tax under section 2 for the year and if the only amounts deductible were the amounts under sections 4.3 (1) (c) [basic personal credit — single status], 4.34 [child fitness credit], 4.341 [child fitness equipment credit], 4.35 [child arts credit], 4.351 [BC back-to-school tax credit], 4.36 [BC education coaching tax credit], 4.62 [unused tuition and education tax credits] and 4.64 [credit for EI premium and CPP contribution] | |||
| (b) the smaller of | |||
| (ii) the amount that would be the tax payable by the spouse or common-law partner under this Act for the year if the spouse or common-law partner were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits], 4.31 [age credit], 4.32 [pension credit], 4.33 [adoption expense credit], 4.34 [child fitness credit], 4.341 [child fitness equipment credit], 4.35 [child arts credit], 4.351 [BC back-to-school tax credit], 4.36 [BC education coaching tax credit], 4.51 [credit for mental or physical impairment], 4.62 [unused tuition and education tax credits] and 4.64 [credit for EI premium and CPP contribution]. | |||
Section 4.65 description of "C", paragraph (a) BEFORE amended by 2017-12-26, effective January 1, 2018.
| (a) the amount that would be the tax payable if the spouse or common-law partner were liable for tax under section 2 for the year and if the only amounts deductible were the amounts under sections 4.3 (1) (c) [basic personal credit — single status], 4.34 [child fitness credit], 4.341 [child fitness equipment credit], 4.35 [child arts credit], 4.36 [BC education coaching tax credit], 4.37 [tax credit for volunteer firefighters and search and rescue volunteers], 4.62 [unused tuition and education tax credits] and 4.64 [credit for EI premium and CPP contribution] |
Section 4.65 description of "C", paragraph (b) (ii) BEFORE amended by 2017-12-26, effective January 1, 2018.
| (ii) the amount that would be the tax payable by the spouse or common-law partner under this Act for the year if the spouse or common-law partner were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits], 4.31 [age credit], 4.32 [pension credit], 4.33 [adoption expense credit], 4.34 [child fitness credit], 4.341 [child fitness equipment credit], 4.35 [child arts credit], 4.36 [BC education coaching tax credit], 4.37 [tax credit for volunteer firefighters and search and rescue volunteers], 4.51 [credit for mental or physical impairment], 4.62 [unused tuition and education tax credits] and 4.64 [credit for EI premium and CPP contribution]. |
Section 4.65 description of "A" and "C" subparagraph (b) (i) BEFORE amended by 2018-4-20, effective January 1, 2019.
| A is the tuition and education tax credits transferred for the year by the individual's spouse or common-law partner to the individual, | |||
| C is the amount, if any, by which | |||
| (b) the smaller of | |||
| (i) the total of all amounts that may be deducted under section 4.6 [tuition credit] or 4.61 [education tax credit] in computing the tax payable by the spouse or common-law partner under this Act for the year or that would be so deductible if the spouse or common-law partner were liable under section 2 to pay tax for the year, and | |||
Section 4.66 (a) (ii) BEFORE amended by 2001-34-9, effective January 1, 2001 [retro from August 16, 2001 (Royal Assent)].
(ii) $420, and
Section 4.66 (a) description "B" BEFORE amended by 2007-2-10, effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
B is the amount that would be the person's tax payable under this Act for the year if the person were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits], 4.31 [age credit], 4.32 [pension credit], 4.51 [credit for mental or physical impairment], 4.62 [unused tuition and education tax credits] and 4.64 [credit for EI premium and CPP contribution], and
Section 4.66 (a) BEFORE amended by 2012-8-41, effective January 1, 2012 [retro from May 14, 2012 (Royal Assent)].
B is the amount that would be the person's tax payable under this Act for the year if the person were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits], 4.31 [age credit], 4.32 [pension credit], 4.33 [adoption expense credit], 4.51 [credit for mental or physical impairment], 4.62 [unused tuition and education tax credits] and 4.64 [credit for EI premium and CPP contribution], and
Section 4.66 (a) BEFORE amended by 2015-9-12,17, effective January 1, 2015 [retro from March 25, 2015 (Royal Assent)].
(a) the amount determined by the formula
| A – B | ||
| where | ||
| A is the smaller of | ||
| (i) the total of all amounts that may be deducted under section 4.6 [tuition credit] or 4.61 [education tax credit] in computing the person's tax payable under this Act for the year or that would be so deductible if the person were liable under section 2 to pay tax for the year, and | ||
| (ii) the amount obtained by multiplying $5 000 by the appropriate percentage, and | ||
| B is the amount that would be the person's tax payable under this Act for the year if the person were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits], 4.31 [age credit], 4.32 [pension credit], 4.33 [adoption expense credit], 4.34 [child fitness credit], 4.35 [child arts credit], 4.51 [credit for mental or physical impairment], 4.62 [unused tuition and education tax credits] and 4.64 [credit for EI premium and CPP contribution], and | ||
Section 4.66 (a) description of "B" BEFORE amended by 2017-12-33, effective January 1, 2016 [retro from November 2, 2017 (Royal Assent)].
| B is the amount that would be the person's tax payable under this Act for the year if the person were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits], 4.31 [age credit], 4.32 [pension credit], 4.33 [adoption expense credit], 4.34 [child fitness credit], 4.341 [child fitness equipment credit], 4.35 [child arts credit], 4.36 [BC education coaching tax credit], 4.51 [credit for mental or physical impairment], 4.62 [unused tuition and education tax credits] and 4.64 [credit for EI premium and CPP contribution], and | ||
Section 4.66 (a) description of "B" BEFORE amended by 2017-12-34, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
| B is the amount that would be the person's tax payable under this Act for the year if the person were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits], 4.31 [age credit], 4.32 [pension credit], 4.33 [adoption expense credit], 4.34 [child fitness credit], 4.341 [child fitness equipment credit], 4.35 [child arts credit], 4.351 [BC back-to-school tax credit], 4.36 [BC education coaching tax credit], 4.51 [credit for mental or physical impairment], 4.62 [unused tuition and education tax credits] and 4.64 [credit for EI premium and CPP contribution], and | ||
Section 4.66 (a) description of "B" BEFORE amended by 2017-12-26, effective January 1, 2018.
| B is the amount that would be the person's tax payable under this Act for the year if the person were liable under section 2 to pay tax for the year and if the only amounts deductible were the amounts under sections 4.3 [personal credits], 4.31 [age credit], 4.32 [pension credit], 4.33 [adoption expense credit], 4.34 [child fitness credit], 4.341 [child fitness equipment credit], 4.35 [child arts credit], 4.36 [BC education coaching tax credit], 4.37 [tax credit for volunteer firefighters and search and rescue volunteers], 4.51 [credit for mental or physical impairment], 4.62 [unused tuition and education tax credits] and 4.64 [credit for EI premium and CPP contribution], and |
Section 4.66, description (A) BEFORE amended by 2018-4-21(b), effective January 1, 2019.
| (i) the total of all amounts that may be deducted under section 4.6 [tuition credit] or 4.61 [education tax credit] in computing the person's tax payable under this Act for the year or that would be so deductible if the person were liable under section 2 to pay tax for the year, and |
Section 4.67 (3) BEFORE amended by 2000-15-39, effective January 1, 2001.
(3) No deduction may be made under this section in computing the tax payable by a parent or grandparent of an individual for a taxation year if the individual's spouse deducts an amount for the year in respect of the individual under
(a) section 4.3 [personal credits] or 4.65 [transfer of unused credits to spouse], or
Section 4.67 (2) BEFORE amended by 2018-4-22, effective January 1, 2019.
(2) In the circumstances described in subsection (1), there may be deducted in computing the tax payable under this Act for the taxation year by the individual's parent or grandparent, as the case may be, the tuition and education tax credits transferred for the year by the individual to the parent or grandparent, as the case may be.
Section 4.68 BEFORE re-enacted by 2002-19-9, effective January 1, 2002 [retro from April 11, 2002 (Royal Assent)].
Minimum tax credit
4.68 For the purpose of computing the tax payable under this Act for a taxation year by an individual who is entitled to a deduction under section 120.2 of the federal Act for the year, there may be deducted 49.5% of the amount deducted by the individual under that section of the federal Act for the year.
Section 4.69 BEFORE amended by 2001-34-10, effective January 1, 2001 [retro from August 16, 2001 (Royal Assent)].
4.69 For the purpose of computing the tax payable under this Act for a taxation year by an individual, there may be deducted 33% of any amount that is required by section 82 (1) (b) of the federal Act to be included in computing the individual's income for the year under that Act.
Section 4.69 BEFORE amended by 2001-34-19, effective January 1, 2002.
4.69 For the purpose of computing the tax payable under this Act for a taxation year by an individual, there may be deducted 29.5% of any amount that is required by section 82 (1) (b) of the federal Act to be included in computing the individual's income for the year under that Act.
Section 4.69 BEFORE amended by 2004-28-11, effective January 1, 2004 [retro from April 29, 2004 (Royal Assent)].
4.69 For the purpose of computing the tax payable under this Act for a taxation year by an individual, there may be deducted 25.5% of any amount that is required by section 82 (1) (b) of the federal Act to be included in computing the individual's income for the year under that Act.
Section 4.69 BEFORE re-enacted by 2007-2-11, effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
Dividend tax credit
4.69 For the purpose of computing the tax payable under this Act for a taxation year by an individual who was resident in British Columbia on the last day of the taxation year, there may be deducted 25.5% of any amount that is required by section 82 (1) (b) of the federal Act to be included in computing the individual's income for the year under that Act.
Section 4.69 (a) BEFORE amended by 2008-10-39(a), effective January 1, 2009.
(a) 25.5% of any amount that is required by section 82 (1) (b) (i) of the federal Act to be included in computing the individual's income for the year under that Act;
Section 4.69 (b) BEFORE amended by 2008-10-39(b), effective January 1, 2009.
(b) 38 2/3% of any amount that is required by section 82 (1) (b) (ii) of the federal Act to be included in computing the individual's income for the year under that Act.
Section 4.69 (a) BEFORE amended by 2009-4-18, effective January 1, 2010.
(a) 21% of any amount that is required by section 82 (1) (b) (i) of the federal Act to be included in computing the individual's income for the year under that Act;
Section 4.69 (b) BEFORE amended by 2012-8-42, effective January 1, 2012 [retro from May 14, 2012 (Royal Assent)].
(b) 35 4/9% of any amount that is required by section 82 (1) (b) (ii) of the federal Act to be included in computing the individual's income for the year under that Act.
Section 4.69 (a) BEFORE amended by 2017-12-35, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
(a) 17% of any amount that is required by section 82 (1) (b) (i) of the federal Act to be included in computing the individual's income for the year under that Act;
Section 4.69 (b) BEFORE amended by 2017-12-36, effective January 1, 2019.
(b) 36 6/19% of any amount that is required by section 82 (1) (b) (ii) of the federal Act to be included in computing the individual's income for the year under that Act.
Section 4.7 BEFORE repealed by 2002-19-10, effective January 1, 2002 [retro from April 11, 2002 (Royal Assent)].
Overseas employment tax credit
4.7 For the purpose of computing the tax payable under this Act for a taxation year by an individual who is entitled to a deduction under section 122.3 of the federal Act for the year, there may be deducted 49.5% of the amount deductible by the individual under that section of the federal Act for the year.
Section 4.7 BEFORE amended by 2004-28-12, effective January 1, 2004 [retro from April 29, 2004 (Royal Assent)].
4.7 For the purpose of computing the tax payable under this Act for a taxation year by an individual who is entitled to a deduction under section 122.3 of the federal Act for the year, there may be deducted the amount determined by the formula
Section 4.7 description of "B" BEFORE amended by 2007-2-12, effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
B is the amount that, but for this section 4.7 and sections 4.68 [minimum tax credit], 4.71 [foreign tax credit], 4.721 [BC mining flow-through share tax credit], 4.8 [minimum tax], 4.81 [CPP/QPP disability benefits for previous years], 4.82 [qualifying retroactive lump sum pension payments], 4.83 [lump sum pension payment], 4.84 [tax on split income], 13.1 [net employee investment tax credit], 19 (2), (3) and (7) [royalty and deemed income rebate], 19.1 [logging tax deduction], 20 [political contributions] and 21 [small business venture capital tax credit], would be the individual's tax payable under this Act for the year, and
Section 4.7, description of B BEFORE amended by 2020-18-15, effective August 14, 2020 (Royal Assent).
| B is the amount that, but for this section 4.7 and sections 4.68 [minimum tax credit], 4.71 [foreign tax credit], 4.721 [BC mining flow-through share tax credit], 4.8 [minimum tax], 4.81 [CPP/QPP disability benefits for previous years], 4.82 [qualifying retroactive lump sum pension payments], 4.83 [lump sum pension payment], 4.84 [tax on split income], 13.1 [net employee investment tax credit], 19.1 [logging tax deduction], 20 [political contributions] and 21 [small business venture capital tax credit], would be the individual's tax payable under this Act for the year, and |
Section 4.71 (2) (a) BEFORE amended by 2003-23-20(a), effective January 1, 2001 [retro from April 10, 2003 (Royal Assent)].
(a) the amount, if any, by which any non-business-income tax paid by the individual for the taxation year to the government of the other country exceeds the aggregate of all amounts each of which is an amount claimed by the individual as a deduction for that year under section 126 (1) or 180.1 (1.1) of the federal Act, and
Section 4.71 (2) (b) (ii) BEFORE amended by 2003-23-20(b), effective January 1, 2000 [retro from April 10, 2003 (Royal Assent)].
(ii) the individual's income earned in British Columbia
(A) in the year, if section 114 of the federal Act does not apply, or
(B) in the part of the year throughout which the individual was resident in Canada, if section 114 of that Act applies,
minus any amounts deducted by the individual under section 110.6 or 111 (1) (b) of the federal Act or deductible by the individual under section 110 (1) (d), (d.1), (d.2), (d.3), (f) or (j) of the federal Act for the year or in respect of the part of the year referred to in clause (B) of this subparagraph, as the case may be.
Section 4.71 (3) BEFORE amended by 2003-23-20(c), effective April 10, 2003 (Royal Assent).
(3) For the purposes of subsection (2) (b) (ii) (A) of this section, if section 114 of the federal Act does not apply to the individual in respect of the taxation year, the individual's income is to be computed without reference to the proposed section 20 (1) (ww) of the federal Act.
Section 4.71 (4) BEFORE repealed by 2003-23-20(d), effective April 10, 2003 (Royal Assent).
(4) Subsection (3) of this section applies only if the proposed section 126 (1) (b) (ii) (A) (I) of the federal Act, as contained in section 35 (1) of the Income Tax Amendments Act, 1999 (Canada), is enacted, with or without amendments, by the Parliament of Canada.
Section 4.71 (1) and (2) BEFORE amended by 2004-40-11, effective January 1, 2004 [retro from May 13, 2004 (Royal Assent)].
(1) For the purpose of computing the tax payable under this Act for a taxation year by an individual, there may be deducted the amount determined under subsection (2) if the individual
(a) resided in British Columbia on the last day of the taxation year, and
(b) had income for the year that included income earned in a country other than Canada in respect of which non-business-income tax was paid by the individual to the government of a country other than Canada.
(2) The amount deductible under subsection (1) is the smaller of
(a) the amount, if any, by which any non-business-income tax paid by the individual for the taxation year to the government of the other country exceeds the aggregate of all amounts each of which is an amount claimed by the individual as a deduction for that year under section 126 (1) of the federal Act, and
(b) that proportion of the tax otherwise payable under this Act for that taxation year that
(i) the aggregate of the individual's incomes from sources in that country, excluding any portion of the incomes that was deductible by the individual under section 110 (1) (f) (i) of the federal Act or in respect of which an amount was deductible by the individual under section 110.6 of the federal Act
(A) for that year, if section 114 of the federal Act does not apply, or
(B) for the part of the year throughout which the individual was resident in Canada, if section 114 of that Act applies,
on the assumption that
(C) no businesses were carried on by the individual in that country,
(D) no amount was deducted under section 91 (5) of the federal Act in computing the individual's income for the year, and
(E) the individual's income from employment in that country for the year was not from a source in that country to the extent of the smaller of the amounts determined in respect of the individual's income under paragraphs (c) and (d) of section 122.3 (1) of the federal Act,
is of
(ii) the individual's income earned in British Columbia
(A) in the year, if section 114 of the federal Act does not apply, or
(B) in the part of the year throughout which the individual was resident in Canada, if section 114 of that Act applies,
minus any amounts deducted by the individual under section 110.6 or 111 (1) (b) of the federal Act or deductible by the individual under section 110 (1) (d) to (d.3), (f), (g) or (j) of the federal Act for the year or in respect of the part of the year referred to in clause (B) of this subparagraph, as the case may be.
Section 4.71 (6) and (7) were added by 2004-40-11, effective January 1, 2004 [retro from May 13, 2004 (Royal Assent)].
Section 4.71 (5) BEFORE amended by 2005-5-8, effective January 1, 2006 (BC Reg 356/2005).
(5) Under this section, the non-business-income tax paid by a taxpayer to the government of a country other than Canada in respect of the taxpayer's income for a year is the non-business-income tax paid by the taxpayer to the government of that country in respect of that year as determined under the definition of "non-business-income tax" in section 126 (7) of the federal Act.
Section 4.71 (1) BEFORE amended by 2007-2-13(a), effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(1) For the purpose of computing the tax payable under this Act for a taxation year by an individual, there may be deducted the aggregate of the amounts determined under subsection (2) if
(a) the individual resided in British Columbia on the last day of the taxation year,
(b) the individual had income for the year that included income earned in a country other than Canada in respect of which non-business-income tax was paid by the individual to the government of a country other than Canada, and
(c) the individual's tax payable for that year is not determined under section 127.5 of the federal Act.
Section 4.71 (2.1) was added by 2007-2-13(b), effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
Section 4.71 (6) BEFORE (b) and (c) were amended and (d) was added by 2016-10-17, effective February 28, 2004 [retro from May 19, 2016 (Royal Assent)].
(6) For the purposes of this section,
(a) the government of a country other than Canada includes the government of a state, province or other political subdivision of that country,
(b) if a taxpayer's income for a taxation year is in whole or in part from sources in more than one country other than Canada, subsection (2) must be read as providing for separate deductions in respect of each of the countries other than Canada, and
(c) if any income from a source in a particular country would be tax-exempt income but for the fact that a portion of the income is subject to an income or profits tax imposed by the government of a country other than Canada, the portion is deemed to be income from a separate source in the particular country.
Section 4.71 (2) (b) (ii) sandwich text BEFORE amended by 2023-23-59, effective January 1, 2018 [retro from May 11, 2023 (Royal Assent)].
minus any amounts deducted by the individual under section 110.6 or 111 (1) (b) of the federal Act or deductible by the individual under section 110 (1) (d) to (d.3), (f), (g) or (j) of the federal Act for the year or in respect of the part of the year referred to in clause (B) of this subparagraph, as the case may be.
Section 4.71 (2) (b) (ii) sandwich text BEFORE amended by 2023-23-60, effective July 1, 2021 [retro from May 11, 2023 (Royal Assent)].
minus any amounts deducted by the individual under section 110.6 or 111 (1) (b) of the federal Act or deductible by the individual under section 110 (1) (d) to (d.3), (f) or (g) of the federal Act for the year or in respect of the part of the year referred to in clause (B) of this subparagraph, as the case may be.
Section 4.721 (1) definition of "BC flow-through mining expenditure" paragraph (a) BEFORE amended by 2006-2-7, effective January 1, 2006 [retro from March 28, 2006 (Royal Assent)].
(a) would be a flow-through mining expenditure of an individual as defined in section 127 (9) of the federal Act if a reference in that definition to "October 17, 2000" were read as a reference to "July 30, 2001", and
Section 4.721 (5) BEFORE amended by BC Reg 347/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 347/2006).
(5) In computing a tax credit under this section, an individual is not entitled to include an amount in respect of a BC mining flow-through expenditure of the individual for a taxation year unless the individual files the form containing the information required by subsection (4) in respect of that amount on or before the day that is one year after the individual's filing due-date for the taxation year that includes the effective date of a renunciation made in accordance with section 66 (12.6) of the federal Act in respect of that expenditure.
Section 4.721 (1) definition of "BC flow-through mining expenditure" BEFORE amended by 2007-31-11(a), effective January 1, 2006 [retro from May 31, 2007 (Royal Assent)].
"BC flow-through mining expenditure" of an individual for a taxation year means an expense that
(a) would be a flow-through mining expenditure, of an individual, as defined in section 127 (9) of the federal Act if
(i) a reference in that definition to "October 17, 2000" were read as a reference to "July 30, 2001", and
(ii) a reference in that definition to "2006" were read as a reference to "2009", and
(b) is incurred in respect of mining exploration activity all or substantially all of which is conducted in British Columbia for the purpose of determining the existence, location, extent or quality of a mineral resource in British Columbia;
Section 4.721 (1) definition of "specified sampling" was added by 2007-31-11(b), effective January 1, 2006 [retro from May 31, 2007 (Royal Assent)].
Section 4.721 (1.1) was added by 2007-31-11(c), effective January 1, 2006 [retro from May 31, 2007 (Royal Assent)].
Section 4.721 (5) BEFORE amended by 2007-31-11(d), effective January 1, 2006 [retro from May 31, 2007 (Royal Assent)].
(5) In computing a tax credit under this section, an individual is not entitled to include an amount in respect of a BC mining flow-through expenditure of the individual for a taxation year unless the individual files the form containing the information required by subsection (4) in respect of that amount on or before the day that is one year after the individual's filing-due date for the taxation year that includes the effective date of a renunciation made in accordance with section 66 (12.6) of the federal Act in respect of that expenditure.
Section 4.721 (1) definition of "BC flow-through mining expenditure" paragraph (d) BEFORE amended by 2009-4-19(a), effective January 1, 2009 [retro from March 12, 2009 (Royal Assent)].
(d) the expense is an expense incurred by a corporation after July 30, 2001 and before 2009 in conducting mining exploration activity from or above the surface of the earth for the purpose of determining the existence, location, extent or quality of a mineral resource described in paragraph (a) or (d) of the definition of "mineral resource" in section 248 (1) of the federal Act;
Section 4.721 (1.1) BEFORE amended by 2009-4-19(b), effective January 1, 2009 [retro from March 12, 2009 (Royal Assent)].
(1.1) For the purposes of paragraph (d) of the definition of "BC flow-through mining expenditure" and for greater certainty, an expense incurred by a corporation before 2009 includes an expense that is deemed by section 66 (12.66) of the federal Act to be incurred before 2009.
Section 4.721 was enacted by 2001-34-11, effective July 31, 2001 [retro from August 16, 2001 (Royal Assent)].
Section 4.721 (1) (d) in the definition "BC flow-through mining expenditure" BEFORE amended by 2009-14-37(a), effective January 1, 2010.
(d) the expense is an expense incurred by a corporation after July 30, 2001 and before 2010 in conducting mining exploration activity from or above the surface of the earth for the purpose of determining the existence, location, extent or quality of a mineral resource described in paragraph (a) or (d) of the definition of "mineral resource" in section 248 (1) of the federal Act;
Section 4.721 (1.1) BEFORE amended by 2009-14-37(b), effective January 1, 2010.
(1.1) For the purposes of paragraph (d) of the definition of "BC flow-through mining expenditure" and for greater certainty, an expense incurred by a corporation before 2010 includes an expense that is deemed by section 66 (12.66) of the federal Act to be incurred before 2010.
Section 4.721 (1) definition of "BD flow-through mining expenditure" paragraph (d) BEFORE amended by 2010-2-75(a), effective March 31, 2010 (Royal Assent).
(d) the expense is an expense incurred by a corporation after July 30, 2001 and before 2011 in conducting mining exploration activity from or above the surface of the earth for the purpose of determining the existence, location, extent or quality of a mineral resource described in paragraph (a) or (d) of the definition of "mineral resource" in section 248 (1) of the federal Act;
Section 4.721 (1.1) BEFORE amended by 2010-2-75(b), effective March 31, 2010 (Royal Assent).
(1.1) For the purposes of paragraph (d) of the definition of "BC flow-through mining expenditure" and for greater certainty, an expense incurred by a corporation before 2011 includes an expense that is deemed by section 66 (12.66) of the federal Act to be incurred before 2011.
Section 4.721 (1) definition of "BC flow-through mining expenditure" paragraph (d) BEFORE amended by 2014-4-16, effective January 1, 2014 [retro from March 24, 2014 (Royal Assent)].
(d) the expense is an expense incurred by a corporation after July 30, 2001 and before 2014 in conducting mining exploration activity from or above the surface of the earth for the purpose of determining the existence, location, extent or quality of a mineral resource described in paragraph (a) or (d) of the definition of "mineral resource" in section 248 (1) of the federal Act;
Section 4.721 (1.1) BEFORE amended by 2014-4-17, effective January 1, 2014 [retro from March 24, 2014 (Royal Assent)].
(1.1) For the purposes of paragraph (d) of the definition of "BC flow-through mining expenditure" and for greater certainty, an expense incurred by a corporation before 2014 includes an expense that is deemed by section 66 (12.66) of the federal Act to be incurred before 2014.
Section 4.721 (1) paragraph (d) of the definition of "BC flow-through mining expenditure" and subsection (1.1) BEFORE amended by 2015-9-18, effective January 1, 2015 [retro from March 25, 2015 (Royal Assent)].
(d) the expense is an expense incurred by a corporation after July 30, 2001 and before 2015 in conducting mining exploration activity from or above the surface of the earth for the purpose of determining the existence, location, extent or quality of a mineral resource described in paragraph (a) or (d) of the definition of "mineral resource" in section 248 (1) of the federal Act;
(1.1) For the purposes of paragraph (d) of the definition of "BC flow-through mining expenditure" and for greater certainty, an expense incurred by a corporation before 2015 includes an expense that is deemed by section 66 (12.66) of the federal Act to be incurred before 2015.
Section 4.721 (1) (d) in the definition of "BC flow-through mining expenditure" BEFORE amended by 2016-3-27(a), effective January 1, 2016 [retro from March 10, 2016 (Royal Assent)].
(d) the expense is an expense incurred by a corporation after July 30, 2001 and before 2016 in conducting mining exploration activity from or above the surface of the earth for the purpose of determining the existence, location, extent or quality of a mineral resource described in paragraph (a) or (d) of the definition of "mineral resource" in section 248 (1) of the federal Act;
Section 4.721 (1.1) BEFORE amended by 2016-3-27(b), effective January 1, 2016 [retro from March 10, 2016 (Royal Assent)].
(1.1) For the purposes of paragraph (d) of the definition of "BC flow-through mining expenditure" and for greater certainty, an expense incurred by a corporation before 2016 includes an expense that is deemed by section 66 (12.66) of the federal Act to be incurred before 2016.
Section 4.721 (1) (d) in the definition of "BC flow-through mining expenditure" BEFORE amended by 2017-12-37, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
(d) the expense is an expense incurred by a corporation after July 30, 2001 and before 2017 in conducting mining exploration activity from or above the surface of the earth for the purpose of determining the existence, location, extent or quality of a mineral resource described in paragraph (a) or (d) of the definition of "mineral resource" in section 248 (1) of the federal Act;
Section 4.721 (1.1) BEFORE amended by 2017-12-37, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
(1.1) For the purposes of paragraph (d) of the definition of "BC flow-through mining expenditure" and for greater certainty, an expense incurred by a corporation before 2017 includes an expense that is deemed by section 66 (12.66) of the federal Act to be incurred before 2017.
Section 4.721 (1) definition of "BC flow-through mining expenditure" paragraph (d) BEFORE amended by 2018-4-23, effective January 1, 2018 [retro from March 15, 2018 (Royal Assent)].
(d) the expense is an expense incurred by a corporation after July 30, 2001 and before 2018 in conducting mining exploration activity from or above the surface of the earth for the purpose of determining the existence, location, extent or quality of a mineral resource described in paragraph (a) or (d) of the definition of "mineral resource" in section 248 (1) of the federal Act;
Section 4.721 (1.1) BEFORE amended by 2018-4-23, effective January 1, 2018 [retro from March 15, 2018 (Royal Assent)].
(1.1) For the purposes of paragraph (d) of the definition of "BC flow-through mining expenditure" and for greater certainty, an expense incurred by a corporation before 2018 includes an expense that is deemed by section 66 (12.66) of the federal Act to be incurred before 2018.
Section 4.721 (1) definition of "BC flow-through mining expenditure", paragraph (d) BEFORE amended by 2019-7-7(a), effective January 1, 2019 [retro from April 11, 2019 (Royal Assent)].
(d) the expense is an expense incurred by a corporation after July 30, 2001 and before 2019 in conducting mining exploration activity from or above the surface of the earth for the purpose of determining the existence, location, extent or quality of a mineral resource described in paragraph (a) or (d) of the definition of "mineral resource" in section 248 (1) of the federal Act;
Section 4.721 (1.1) BEFORE amended by 2019-7-7(b), effective January 1, 2019 [retro from April 11, 2019 (Royal Assent)].
(1.1) For the purposes of paragraph (d) of the definition of "BC flow-through mining expenditure" and for greater certainty, an expense incurred by a corporation before 2019 includes an expense that is deemed by section 66 (12.66) of the federal Act to be incurred before 2019.
Section 4.721 (1.2) was added by 2023-23-61, effective June 29, 2021 [retro from May 11, 2023 (Royal Assent)].
Section 4.722 was renumbered from section 20 by 2020-18-18, effective August 14, 2020 (Royal Assent).
Section 4.722 (1) definition of "eligible political contribution" BEFORE amended by 2020-18-18(a) and (b), effective August 14, 2020 (Royal Assent).
"eligible political contribution" means a political contribution, as defined in the Election Act, that is made
(a) by a taxpayer to a registered political party, a registered constituency association or a candidate, and
(b) in the form of cash or a negotiable instrument issued by the person making the contribution, or by means of a credit card in the name of the person making the contribution,
but does not include a political contribution that is made in contravention of the Election Act;
Section 4.722 (2) (part) BEFORE amended by 2020-18-18(c), effective August 14, 2020 (Royal Assent).
(2) Subject to this section, there may be deducted from the tax otherwise payable by a taxpayer under this Part for a taxation year, in respect of the aggregate of all amounts each of which is an eligible political contribution, whichever of the following is applicable:
Section 4.722 (4) BEFORE repealed by 2020-18-18(d), effective August 14, 2020 (Royal Assent).
(4) If a person was a member of a partnership at the end of a taxation year of the partnership, the person's share of any amount contributed by the partnership in that taxation year that would, if the partnership were a person, be an eligible political contribution under this section is deemed for the purposes of this section to be an amount contributed by the taxpayer in the taxpayer's taxation year in which the taxation year of the partnership ended.
Section 4.73 BEFORE amended by 2005-5-9, effective January 1, 2005 [retro from March 3, 2005 (Royal Assent)].
4.73 No deduction may be made under section 4.3 [personal credits], 4.31 [age credit], 4.32 [pension credit] or 4.72 [supplementary credit for 2000 taxation year] in computing the tax payable by a trust for a taxation year.
Section 4.74 (b) BEFORE amended by 2005-5-10, effective January 1, 2005 [retro from March 3, 2005 (Royal Assent)].
(b) the part of the deductions the individual is entitled to under sections 4.3 [personal credits], 4.31 [age credit], 4.51 [credit for mental or physical impairment], 4.65 [transfer of unused credits to spouse or common-law partner], 4.67 [transfer of unused credits to parent or grandparent] and 4.72 [supplementary credit for 2000 taxation year] that can reasonably be considered applicable to the taxation year,
Section 4.74 (a) BEFORE amended by 2007-2-14, effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(a) the deductions the individual is entitled to under sections 4.32 [pension credit], 4.4 [charitable and other gifts], 4.5 [medical expense credit], 4.6 [tuition credit], 4.61 [education tax credit], 4.63 [credit for interest on student loan] and 4.64 [credit for EI premium and CPP contribution] that can reasonably be considered wholly applicable to the taxation year, and
Section 4.74 (a) BEFORE amended by 2012-8-43, effective January 1, 2012 [retro from May 14, 2012 (Royal Assent)].
(a) the deductions the individual is entitled to under sections 4.32 [pension credit], 4.33 [adoption expense credit], 4.4 [charitable and other gifts], 4.5 [medical expense credit], 4.6 [tuition credit], 4.61 [education tax credit], 4.63 [credit for interest on student loan] and 4.64 [credit for EI premium and CPP contribution] that can reasonably be considered wholly applicable to the taxation year, and
Section 4.74 (a) BEFORE amended by 2015-9-12,17, effective January 1, 2015 [retro from March 25, 2015 (Royal Assent)].
(a) the deductions the individual is entitled to under sections 4.32 [pension credit], 4.33 [adoption expense credit], 4.34 [child fitness credit], 4.35 [child arts credit], 4.4 [charitable and other gifts], 4.5 [medical expense credit], 4.6 [tuition credit], 4.61 [education tax credit], 4.63 [credit for interest on student loan] and 4.64 [credit for EI premium and CPP contribution] that can reasonably be considered wholly applicable to the taxation year, and
Section 4.74 (b) BEFORE amended by 2017-12-39, effective January 1, 2016 [retro from November 2, 2017 (Royal Assent)].
(b) the part of the deductions the individual is entitled to under sections 4.3 [personal credits], 4.301 [BC tax reduction credit], 4.31 [age credit], 4.51 [credit for mental or physical impairment], 4.65 [transfer of unused credits to spouse or common-law partner], 4.67 [transfer of unused credits to parent or grandparent] and 4.72 [supplementary credit for 2000 taxation year] that can reasonably be considered applicable to the taxation year,
Section 4.74 (a) BEFORE amended by 2017-12-38, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
(a) the deductions the individual is entitled to under sections 4.32 [pension credit], 4.33 [adoption expense credit], 4.34 [child fitness credit], 4.341 [child fitness equipment credit], 4.35 [child arts credit], 4.36 [BC education coaching tax credit], 4.4 [charitable and other gifts], 4.5 [medical expense credit], 4.6 [tuition credit], 4.61 [education tax credit], 4.63 [credit for interest on student loan] and 4.64 [credit for EI premium and CPP contribution] that can reasonably be considered wholly applicable to the taxation year, and
Section 4.74 (b) BEFORE amended by 2017-12-40, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
(b) the part of the deductions the individual is entitled to under sections 4.3 [personal credits], 4.301 [BC tax reduction credit], 4.31 [age credit], 4.351 [BC back-to-school tax credit], 4.51 [credit for mental or physical impairment], 4.65 [transfer of unused credits to spouse or common-law partner], 4.67 [transfer of unused credits to parent or grandparent] and 4.72 [supplementary credit for 2000 taxation year] that can reasonably be considered applicable to the taxation year,
Section 4.74 (a) BEFORE amended by 2017-12-26, effective January 1, 2018.
(a) the deductions the individual is entitled to under sections 4.32 [pension credit], 4.33 [adoption expense credit], 4.34 [child fitness credit], 4.341 [child fitness equipment credit], 4.35 [child arts credit], 4.36 [BC education coaching tax credit], 4.37 [tax credit for volunteer firefighters and search and rescue volunteers], 4.4 [charitable and other gifts], 4.5 [medical expense credit], 4.6 [tuition credit], 4.61 [education tax credit], 4.63 [credit for interest on student loan] and 4.64 [credit for EI premium and CPP contribution] that can reasonably be considered wholly applicable to the taxation year, and
Section 4.74 (a) BEFORE amended by 2018-4-24, effective January 1, 2019.
(a) the deductions the individual is entitled to under sections 4.32 [pension credit], 4.33 [adoption expense credit], 4.36 [BC education coaching tax credit], 4.37 [tax credit for volunteer firefighters and search and rescue volunteers], 4.4 [charitable and other gifts], 4.5 [medical expense credit], 4.6 [tuition credit], 4.61 [education tax credit], 4.63 [credit for interest on student loan] and 4.64 [credit for EI premium and CPP contribution] that can reasonably be considered wholly applicable to the taxation year, and
Section 4.75 (1) and (2) BEFORE amended by 2004-28-13, effective January 1, 2004 [retro from April 29, 2004 (Royal Assent)].
(1) Despite sections 4.3 to 4.65 and 4.67 to 4.7, for the purpose of computing tax payable under this Act for a taxation year by an individual who was resident in British Columbia on the last day of the taxation year and had income earned in the year outside British Columbia, the amount that may be deducted under those provisions must not exceed the portion of that amount determined by the formula
| A x | (B - C) |
| B |
where
A is the total of the amounts the individual may deduct under those sections read without reference to this section,
B is the individual's income for the year, and
C is the individual's income earned in the taxation year outside British Columbia.
(2) Despite sections 4.3 to 4.65 and 4.67 to 4.7,for the purpose of computing tax payable under this Act for a taxation year by an individual who was not resident in British Columbia on the last day of the taxation year but had income earned in the year in British Columbia, the amount that may be deducted under those provisions must not exceed the portion of that amount determined by the formula
| A x | B |
| C |
where
A is the total of the amounts the individual may deduct under those sections,
B is the individual's income earned in the taxation year in British Columbia, and
C is the individual's income for the year.
Section 4.75 (1) (part) BEFORE amended by 2005-5-11, effective January 1, 2005 [retro from March 3, 2005 (Royal Assent)].
(1) Despite sections 4.3, 4.31, 4.4 to 4.65, 4.67 and 4.68, for the purpose of computing tax payable under this Act for a taxation year by an individual who was resident in British Columbia on the last day of the taxation year and had income earned in the year outside British Columbia, the amount that may be deducted under those provisions must not exceed the portion of that amount determined by the formula
Section 4.75 (2) (part) BEFORE amended by 2005-5-11, effective January 1, 2005 [retro from March 3, 2005 (Royal Assent)].
(2) Despite sections 4.3, 4.31, 4.4 to 4.65, 4.67 and 4.68, for the purpose of computing tax payable under this Act for a taxation year by an individual who was not resident in British Columbia on the last day of the taxation year but had income earned in the year in British Columbia, the amount that may be deducted under those provisions must not exceed the portion of that amount determined by the formula
Section 4.76 (1) (b) (ii) BEFORE amended by 2005-5-12, effective January 1, 2005 [retro from March 3, 2005 (Royal Assent)].
(ii) the part of the deductions permitted under sections 4.3 [personal credits], 4.31 [age credit], 4.51 [credit for mental or physical impairment], 4.65 [transfer of unused credits to spouse or common-law partner] and 4.67 [transfer of unused credits to parent or grandparent] that can reasonably be considered applicable
Section 4.76 (1) (b) (i) BEFORE amended by 2007-2-15, effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(i) the deductions permitted under sections 4.32 [pension credit], 4.4 [charitable and other gifts], 4.5 [medical expense credit], 4.6 [tuition credit], 4.61 [education tax credit], 4.63 [credit for interest on student loan] and 4.64 [credit for EI premium and CPP contribution] that can reasonably be considered wholly applicable, and
Section 4.76 (1) (b) (i) BEFORE amended by 2012-8-44, effective January 1, 2012 [retro from May 14, 2012 (Royal Assent)].
(i) the deductions permitted under sections 4.32 [pension credit], 4.33 [adoption expense credit], 4.4 [charitable and other gifts], 4.5 [medical expense credit], 4.6 [tuition credit], 4.61 [education tax credit], 4.63 [credit for interest on student loan] and 4.64 [credit for EI premium and CPP contribution] that can reasonably be considered wholly applicable, and
Section 4.76 (1) (b) (i) BEFORE amended by 2015-9-12,17, effective January 1, 2015 [retro from March 25, 2015 (Royal Assent)].
(i) the deductions permitted under sections 4.32 [pension credit], 4.33 [adoption expense credit], 4.34 [child fitness credit], 4.35 [child arts credit], 4.4 [charitable and other gifts], 4.5 [medical expense credit], 4.6 [tuition credit], 4.61 [education tax credit], 4.63 [credit for interest on student loan] and 4.64 [credit for EI premium and CPP contribution] that can reasonably be considered wholly applicable, and
Section 4.76 (1) (b (ii) BEFORE amended by 2017-12-39, effective January 1, 2016 [retro from November 2, 2017 (Royal Assent)].
(ii) the part of the deductions permitted under sections 4.3 [personal credits], 4.301 [BC tax reduction credit], 4.31 [age credit], 4.51 [credit for mental or physical impairment], 4.65 [transfer of unused credits to spouse or common-law partner] and 4.67 [transfer of unused credits to parent or grandparent] that can reasonably be considered applicable to the period or periods in the year throughout which the individual was resident in Canada, computed as though that period or those periods were the whole taxation year.
Section 4.76 (1) (b (i) BEFORE amended by 2017-12-38, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
(i) the deductions permitted under sections 4.32 [pension credit], 4.33 [adoption expense credit], 4.34 [child fitness credit], 4.341 [child fitness equipment credit], 4.35 [child arts credit], 4.36 [BC education coaching tax credit], 4.4 [charitable and other gifts], 4.5 [medical expense credit], 4.6 [tuition credit], 4.61 [education tax credit], 4.63 [credit for interest on student loan] and 4.64 [credit for EI premium and CPP contribution] that can reasonably be considered wholly applicable, and
Section 4.76 (1) (b (ii) BEFORE amended by 2017-12-40, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
(ii) the part of the deductions permitted under sections 4.3 [personal credits], 4.301 [BC tax reduction credit], 4.31 [age credit], 4.351 [BC back-to-school tax credit], 4.51 [credit for mental or physical impairment], 4.65 [transfer of unused credits to spouse or common-law partner] and 4.67 [transfer of unused credits to parent or grandparent] that can reasonably be considered applicable to the period or periods in the year throughout which the individual was resident in Canada, computed as though that period or those periods were the whole taxation year.
Section 4.76 (1) (b) (i) BEFORE amended by 2017-12-26, effective January 1, 2018.
(i) the deductions permitted under sections 4.32 [pension credit], 4.33 [adoption expense credit], 4.34 [child fitness credit], 4.341 [child fitness equipment credit], 4.35 [child arts credit], 4.36 [BC education coaching tax credit], 4.37 [tax credit for volunteer firefighters and search and rescue volunteers], 4.4 [charitable and other gifts], 4.5 [medical expense credit], 4.6 [tuition credit], 4.61 [education tax credit], 4.63 [credit for interest on student loan] and 4.64 [credit for EI premium and CPP contribution] that can reasonably be considered wholly applicable, and
Section 4.76 (1) (b) (i) BEFORE amended by 2018-4-24, effective January 1, 2019.
(i) the deductions permitted under sections 4.32 [pension credit], 4.33 [adoption expense credit], 4.36 [BC education coaching tax credit], 4.37 [tax credit for volunteer firefighters and search and rescue volunteers], 4.4 [charitable and other gifts], 4.5 [medical expense credit], 4.6 [tuition credit], 4.61 [education tax credit], 4.63 [credit for interest on student loan] and 4.64 [credit for EI premium and CPP contribution] that can reasonably be considered wholly applicable, and
Section 4.77 BEFORE amended by 2003-23-21, effective January 1, 2000 [retro from April 10, 2003 (Royal Assent)].
4.77 The following provisions of this Act do not apply for the purpose of computing the tax payable under this Act for a taxation year by an individual who at no time in the taxation year is resident in Canada unless all or substantially all of the individual's income for the year is included in computing the individual's taxable income for the year earned in Canada:
Section 4.77 (c) BEFORE repealed by 2004-28-14, effective January 1, 2004 [retro from April 29, 2004 (Royal Assent)].
(c) section 4.32 [pension credit];
Section 4.77 (a.1) was added by 2005-5-13, effective January 1, 2005 [retro from March 3, 2005 (Royal Assent)].
Section 4.78 (2) (c.1) was added by 2007-2-16, effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
Section 4.78 (2) (c.2) and (c.3) were added by 2012-8-45, effective January 1, 2012 [retro from May 14, 2012 (Royal Assent)].
Section 4.78 (2) (c.21) and (c.4) were added by 2015-9-19, effective January 1, 2015 [retro from March 25, 2015 (Royal Assent)].
Section 4.78 (2) (n) was added by 2016-3-28, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
Section 4.78 (2) (c.31) was added by 2017-12-41, effective January 1, 2016 [retro from November 2, 2017 (Royal Assent)].
Section 4.78 (2) (c.31) BEFORE repealed by 2017-12-44, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
Section 4.78 (2) (c.5) was added by 2017-12-42, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
Section 4.78 (2) (c.2), (c.21) and (c.3) BEFORE repealed by 2017-12-43, effective January 1, 2018.
(c.2) section 4.34 [child fitness credit];
Section 4.79 (3) (f.1) has been added by 2001-34-12, effective July 31, 2001 [retro from August 16, 2001 (Royal Assent)].
Section 4.79 (3) (a.1) was added by 2005-5-14, effective January 1, 2005 [retro from March 3, 2005 (Royal Assent)].
Section 4.79 (1) (d.1) was added by 2007-2-17(a), effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
Section 4.79 (3) (c) and (d) BEFORE repealed by 2007-2-17(b), effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(c) section 19 (2) [royalty deduction];
(d) section 19 (7) [Nisg̱a'a royalty deduction];
Section 4.79 (1) (d.2) and (d.3) were added by 2012-8-46, effective January 1, 2012 [retro from May 14, 2012 (Royal Assent)].
Section 4.79 (1) (d.21) and (d.4) were added by 2015-9-20, effective January 1, 2015 [retro from March 25, 2015 (Royal Assent)].
Section 4.79 (1) (l.1) was added by 2016-3-29, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
Section 4.79 (1) (b.1) was added by 2017-12-45, effective January 1, 2016 [retro from November 2, 2017 (Royal Assent)].
Section 4.79 (1) (b.1) BEFORE repealed by 2017-12-46, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
Section 4.79 (1) (d.5) was added by 2017-12-46, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
Section 4.79 (1) (d.2), (d.21) and (d.3) BEFORE repealed by 2017-12-47, effective January 1, 2018.
(d.2) section 4.34 [child fitness credit];
Section 4.8 BEFORE re-enacted by 2002-19-11, effective January 1, 2002 [retro from April 11, 2002 (Royal Assent)].
Minimum tax
4.8 Subject to section 4.85 [apportionment of additional taxes], if tax is payable by an individual under section 127.5 of the federal Act for a taxation year, there must be added in computing the individual's tax payable under this Act for the year 49.5% of the amount that would be determined under section 120.2 (3) of the federal Act if that section were read without reference to paragraph (c) of that section.
Section 4.8 description "A" BEFORE amended by 2007-2-18, effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
A is the amount that would be determined under section 120.2 (3) of the federal Act for the individual for the year if that section were read without reference to paragraph (c) of that section,
Section 4.82 (1) BEFORE repealed by 2003-23-22(a), effective April 10, 2003 (Royal Assent).
(1) This section applies only if the proposed section 120.31 of the federal Act, as contained in section 30 of the Income Tax Amendments Act, 1999 (Canada), is enacted, with or without amendments, by the Parliament of Canada.
Section 4.82 (2) BEFORE amended by 2003-23-22(b), effective April 10, 2003 (Royal Assent).
(2) Subject to section 4.85 [apportionment of additional taxes], there must be added in computing an individual's tax payable under this Act for a taxation year 49.5% of the amount, if any, added under the proposed section 120.31 of the federal Act in computing the individual's tax payable under that Act for the year.
Section 4.84 (1) BEFORE repealed by 2001-3-14(a), effective March 16, 2001 [retro from March 29, 2001 (Royal Assent)].
4.84 (1) This section applies only if the proposed section 120.4 of the federal Act as contained in section 30 of the Income Tax Amendments Act, 1999 (Canada), is enacted, with or without amendments, by the Parliament of Canada.
Section 4.84 (3) BEFORE amended by 2001-3-14(b), effective January 1, 2000 [retro from March 29, 2001 (Royal Assent)].
(3) Section 120.4 of the federal Act applies for the purposes of this Act except that, in addition to any other necessary modifications required for this Act,
(a) subsection (2) of this section applies instead of the proposed section 120.4 (2) of the federal Act,
(b) the reference in the proposed section 120.4 (3) (a) (i) of the federal Act to section 121 of the federal Act must be read as a reference to section 4.69 of this Act [dividend tax credit], and
(c) the reference in the proposed section 120.4 (3) (a) (i) of the federal Act to section 126 of that Act must be read as a reference to section 4.71 of this Act [foreign tax credit].
Section 4.84 (3) (a.1) was added by 2019-7-8(a), effective January 1, 2018 [retro from April 11, 2019 (Royal Assent)].
Section 4.84 (3) (b) and (c) BEFORE amended by 2019-7-8(b) and (c), effective January 1, 2018 [retro from April 11, 2019 (Royal Assent)].
(b) the reference in section 120.4 (3) (b) (i) of the federal Act to section 121 of the federal Act must be read as a reference to section 4.69 of this Act [dividend tax credit], and
(c) the reference in section 120.4 (3) (b) (i) of the federal Act to section 126 of the federal Act must be read as a reference to section 4.71 of this Act [foreign tax credit].
Section 4.86 (3) (a) and (c) BEFORE amended by 2000-15-40, effective January 1, 2001.
(a) claims an amount in respect of a dependent spouse or other dependant under section 118 (1) (a), (b) or (d) of the federal Act,
(c) is on the last day of the taxation year the cohabiting spouse, within the meaning of section 122.6 of the federal Act, of an individual who comes within the meaning of paragraph (b) of this subsection,
Sections 4.86 (1), (2), and (4) BEFORE repealed by 2000-15-41(a), effective January 1, 2001.
Surtax for 2000 taxation year
4.86 (1) In this section, "net tax" means the amount by which
(a) the total of the amounts determined under sections 4.1 [amount of tax payable for 2000 taxation year], 4.8 [minimum tax], 4.81 [CPP/QPP disability benefits for previous years], 4.82 [qualifying retroactive lump sum pension payments], 4.83 [lump sum pension payment] and 4.84 [tax on split income]
exceeds
(b) the total of all amounts deducted under this Division other than an amount deducted under subsection (3) of this section or under section 4.72 [supplementary credit for 2000 taxation year] or 13.1 [net employee investment tax credit].
(2) The tax payable for a taxation year by an individual must be increased by
(a) 30% of the amount by which the net tax exceeds $5 300, and
(b) 15% of the amount by which the net tax exceeds $8 660 before the tax payable under paragraph (a) is added.
(4) For any taxation year, only one deduction may be made under this section in respect of a person, either as a dependant referred to in subsection (3) (a) or as a qualified dependant referred to in subsection (3) (b).
Section 4.86 (3) BEFORE repealed by 2000-15-41(b), effective January 2, 2001.
(3) An individual who
(a) claims an amount in respect of a dependent spouse or other dependant under section 118 (1) (a), (b) or (d) of the federal Act,
(b) is on the last day of the taxation year an eligible individual within the meaning of section 122.6 of the federal Act in relation to a qualified dependant within the meaning of that section who is not a person referred to in paragraph (a) of this subsection, or
(c) is on the last day of the taxation year the cohabiting spouse, within the meaning of section 122.6 of the federal Act, of an individual who comes within the meaning of paragraph (b) of this subsection,
may deduct from the amount of the increase in tax referred to in subsection (2) the smaller of
(d) the amount of the increase referred to in subsection (2), and
(e) an amount equal to $50 for each dependant referred to in paragraph (a) of this subsection in respect of whom a claim was made and for each qualified dependant referred to in paragraph (b).
Section 4.87 BEFORE amended by 2005-5-15, effective January 1, 2005 [retro from March 3, 2005 (Royal Assent)].
4.87 Section 128 (2) of the federal Act applies for the purposes of this Act except that, in addition to any other necessary modifications required for this Act, that section is to be read as if, in addition to the deductions referred to in clauses (A) to (C) of paragraph (e) (iii), that paragraph included a reference to the deduction under section 4.72 of this Act [supplementary credit for 2000 taxation year].
Section 7.1 self-repealed by RS1996-215-7.1(8), effective August 1, 2002.
Refundable energy credit
7.1 (1) In this section:
"eligible individual" does not include an individual who dies before April 1, 2001;
"return of income" means a return of income required to be filed under section 150 of the federal Act as it applies for the purposes of this Act;
"qualified dependant" and "qualified relation" have the same meanings as in section 122.5 of the federal Act.
(2) As an exception to section 2, an amount is deemed to be an overpayment made by an eligible individual on May 1, 2001 on account of the individual's liability under this Act for the 1999 taxation year if
(a) the individual has filed or files before August 1, 2001 a return of income for the 1999 taxation year,
(b) any amount is deemed under section 122.5 of the federal Act to be an amount paid by the individual on account of the individual's tax payable under Part 1 of the federal Act for the 1999 taxation year during any of the months specified for that year under section 122.5 (4) of the federal Act, and
(c) the individual was resident in British Columbia throughout the period beginning on December 30, 2000 and ending on March 31, 2001.
(3) Despite subsection (2), a person is deemed not to be an eligible individual for the purposes of this section if the person was, at the end of the 2000 taxation year, confined to a prison or similar institution and had been so confined for a period of 6 months or for periods the total of which in that year was more than 6 months.
(4) The amount deemed by subsection (2) to be an overpayment by an eligible individual is as follows:
(a) $100, if the eligible individual had a qualified relation or a qualified dependant for the 1999 taxation year;
(b) $50, in any other case.
(5) Despite subsection (1), a person is deemed not to be a qualified relation or a qualified dependant of an eligible individual for the purposes of subsection (4) if the person was, at the end of either the 1999 taxation year or the 2000 taxation year, confined to a prison or similar institution and had been so confined for a period of 6 months or for periods the total of which in that year was more than 6 months.
(6) A refund of an amount deemed by subsection (2) to be an overpayment
(a) cannot be charged or given as security,
(b) cannot be assigned except under the Bankruptcy and Insolvency Act (Canada),
(c) cannot be garnished or attached,
(d) is exempt from execution or seizure,
(e) cannot be retained by way of deduction or set-off under the Financial Administration Act, and
(f) is exempted, despite section 40, from the application for the purposes of this Act of section 164 (2) of the federal Act [application to other debts].
(7) A refund of an amount deemed by subsection (2) to be an overpayment is exempted, despite sections 34, 35 and 40, from the application for the purposes of this Act of the following provisions of the federal Act:
(a) section 160.1 (1) (b) [interest if excess refunded];
(b) section 160.1 (1.1) [joint and several liability];
(c) section 164 (3) [interest on refunds].
(8) This section is repealed on August 1, 2002 and no amount may be refunded or recovered under this section after that date, despite any reassessment or additional assessment under section 154 (4) of the federal Act.
Section 8 (3) (a) and (b) BEFORE amended by 2002-19-12, effective January 1, 2002 [retro from April 11, 2002 (Royal Assent)].
(a) $50 in respect of the eligible individual;
(b) $50 in respect of the qualified relation of the eligible individual for that taxation year, if any.
Section 8 (1) BEFORE amended by 2006-17-4, effective January 1, 2006 [retro from March 30, 2006 (Royal Assent)].
(1) In this section, "adjusted income", "eligible individual", "qualified dependant" and "qualified relation" have the same meanings as in section 122.5 of the federal Act.
Section 8 (1.1) and (1.2) were added by 2006-17-4, effective January 1, 2006 [retro from March 30, 2006 (Royal Assent)].
Section 8 (1) definition of "adjusted income" BEFORE amended by 2007-2-19, effective July 1, 2006 [retro from March 12, 2007 (Royal Assent)].
"adjusted income", in relation to an individual for a taxation year, means the total of all amounts each of which would be the income for the year of
(a) the individual, or
(b) the individual's qualified relation for the year
if, in computing that income, no amount were included in respect of a gain from a disposition of property to which section 79 of the federal Act applies;
Section 8 (1) definition of "adjusted income" BEFORE amended by 2009-4-20, effective January 1, 2009 [retro from 12 Mar 2009 (Royal Assent)].
"adjusted income" in relation to an eligible individual for a taxation year, means the total of all amounts each of which would be the income for the year of the individual or the individual's qualified relation if, in computing that income, no amount
(a) were included under section 56 (6) [universal child care benefit] of the federal Act,
(b) were included in respect of any gain from a disposition of property to which section 79 [surrender of property by debtor] of the federal Act applies, and
(c) were deductible under section 60 (y) [repayment of universal child care benefit] of the federal Act;
Section 8 (b.1) and (b.2) were added by 2009-4-20, effective January 1, 2009 [retro from 12 Mar 2009 (Royal Assent)].
Section 8 (2.1) BEFORE amended by 2012-35-253, effective May 31, 202 (Royal Assent).
(2.1) Despite subsection (2), an eligible individual is not entitled to a sales tax credit for a taxation year ending after December 31, 2009.
Section 8 (1) definition of "adjusted income" BEFORE amended by 2016-10-18, effective January 1, 2001 [retro from May 19, 2016 (Royal Assent)].
"adjusted income", in relation to an eligible individual for a taxation year, means the total of all amounts each of which would be the income for the year of the individual or the individual's qualified relation if, in computing that income, no amount
(a) were included under section 56 (6) [universal child care benefit] of the federal Act,
(b) were included in respect of any gain from a disposition of property to which section 79 [surrender of property by debtor] of the federal Act applies,
(b.1) were included under section 56 (1) (q.1) [registered disability savings plan payments] of the federal Act,
(b.2) were deductible under section 60 (z) [repayment under the Canada Disability Savings Act] of the federal Act, and
(c) were deductible under section 60 (y) [repayment of universal child care benefit] of the federal Act;
Section 8 (1) definition of "adjusted income" BEFORE amended by 2016-10-19, effective July 1, 2006 [retro from May 19, 2016 (Royal Assent)].
"adjusted income", in relation to an eligible individual for a taxation year, means the total of all amounts each of which would be the income for the year of the individual or the individual's qualified relation if, in computing that income, no amount
(a) were included in respect of a gain described in section 40 (3.21) [deemed capital gain under section 180.01] of the federal Act, and
(b) were included in respect of any gain from a disposition of property to which section 79 [surrender of property by debtor] of the federal Act applies;
Section 8 (1) definition of "adjusted income" BEFORE amended by 2016-10-20, effective January 1, 2009 [retro from May 19, 2016 (Royal Assent)].
"adjusted income", in relation to an eligible individual for a taxation year, means the total of all amounts each of which would be the income for the year of the individual or the individual's qualified relation if, in computing that income, no amount
(a) were included in respect of a gain described in section 40 (3.21) [deemed capital gain under section 180.01] of the federal Act,
(b) were included in respect of any gain from a disposition of property to which section 79 [surrender of property by debtor] of the federal Act applies,
(c) were included under section 56 (6) [universal child care benefit] of the federal Act, and
(d) were deductible under section 60 (y) [repayment of universal child care benefit] of the federal Act;
Section 8 (1.2) BEFORE amended by 2016-10-21, effective June 26, 2013 [retro from May 19, 2016 (Royal Assent)].
(1.2) Section 122.5 (6.2) [non-residents and part-year residents] and (7) (a) [effect of bankruptcy] of the federal Act applies for the purposes of this section.
Section 8 (1) definition of "qualified relation" BEFORE amended by 2018-12-4, effective January 1, 2018 [retro from May 17, 2018 (Royal Assent)].
"qualified relation", in relation to an individual for a taxation year, means the person who, at the end of the year, is the individual's cohabiting spouse or common-law partner as defined in section 122.6 of the federal Act.
Section 8 (2) BEFORE amended by 2018-12-5, effective January 1, 2015 [retro from May 17, 2018 (Royal Assent)].
(2) An eligible individual is entitled to a sales tax credit for a taxation year if
(a) the individual files, with the individual's return of income under section 29 for the taxation year, a form provided by the minister that contains the information necessary to establish the individual's claim for the sales tax credit, and
(b) the return of income referred to in paragraph (a) is filed under section 29 within 3 years after the end of the taxation year.
Section 8 (7) was added by 2024-13-73, effective January 1, 2024 [retro from April 25, 2024 (Royal Assent)].
Section 8 (1) definition of "adjusted income" BEFORE amended by 2025-10-3(a), effective January 1, 2013 [retro from May 29, 2025 (Royal Assent)].
"adjusted income", in relation to an eligible individual for a taxation year, means the total of all amounts each of which would be the income for the year of the individual or the individual's qualified relation if, in computing that income, no amount
(a) were included in respect of a gain described in section 40 (3.21) [deemed capital gain under section 180.01] of the federal Act,
(b) were included in respect of any gain from a disposition of property to which section 79 [surrender of property by debtor] of the federal Act applies,
(c) were included under section 56 (6) [universal child care benefit] of the federal Act,
(d) were deductible under section 60 (y) [repayment of universal child care benefit] of the federal Act,
(e) were included under section 56 (1) (q.1) [registered disability savings plan payments] of the federal Act, and
(f) were deductible under section 60 (z) [repayment under the Canada Disability Savings Act] of the federal Act;
Section 8 (1) definition of "cohabiting spouse or common-law partner" was added by 2025-10-3(b), effective January 1, 2013 [retro from May 29, 2025 (Royal Assent)].
Section 8 (4) BEFORE amended by 2025-10-3(d), effective January 1, 2013 [retro from May 29, 2025 (Royal Assent)].
(4) The amount determined under subsection (3) is reduced by 2% of the amount by which the adjusted income of the eligible individual claiming the sales tax credit exceeds the total of the following:
(a) $15 000 in respect of the eligible individual;
(b) $3 000 in respect of the qualified relation of the eligible individual for that taxation year, if any.
Section 8 (1) definition of "qualified relation", paragraph (b) BEFORE amended by 2025-10-4, effective January 1, 2018 [retro from May 29, 2025 (Royal Assent)].
(b) is the individual's cohabiting spouse or common-law partner, as defined in section 122.6 of the federal Act.
Section 8.1 (2) BEFORE amended by 2021-18-22, effective March 25, 2020 [retro from June 17, 2021 (Royal Assent)].
(2) Section 122.5 of the federal Act, except the definition of "eligible individual" in subsection (1) and subsection (3), applies for the purposes of this section in relation to a month specified for the 2007 and subsequent taxation years.
Section 8.1 (3) description of "deduction" BEFORE amended by 2023-23-62, effective July 1, 2023.
| deduction | = | 2% of the amount, if any, by which the individual's adjusted income for the taxation year in relation to the specified month exceeds, | |
| (a) | if the individual has no qualified relation or qualified dependant in relation to the specified month, $30 000, or | ||
| (b) | in any other case, $35 000. | ||
Section 8.1 (2) and (8) BEFORE amended by 2024-13-74(a) and (b), effective October 18, 2022 [retro from April 25, 2024 (Royal Assent)].
(2) Section 122.5 of the federal Act, except the definition of "eligible individual" in subsection (1) and subsections (3), (3.001), (3.02) and (4.1), applies for the purposes of this section in relation to a month specified for the 2007 and subsequent taxation years.
(8) Without limiting section 48 (1) and (2), the Lieutenant Governor in Council may make regulations prescribing amounts for the purposes of subsection (3) of this section.
Section 8.1 (9) was added by 2024-13-74(b), effective October 18, 2022 [retro from April 25, 2024 (Royal Assent)].
Section 8.1 (2) (part) and (3) (part) BEFORE amended by 2025-5-10, effective April 1, 2025.
(2) The following provisions of section 122.5 of the federal Act apply for the purposes of this section in relation to a month specified for the 2021 and subsequent taxation years:
(3) If, in relation to a month specified for a taxation year, an eligible individual files a return of income for the taxation year, the eligible individual is deemed to have paid during the specified month, on account of the eligible individual's tax payable under this Act for the taxation year, an amount equal to 25% of the amount, if any, determined by the following formula:
Section 8.2 (2) BEFORE amended by 2012-35-254, effective May 31, 2012 (Royal Assent).
(2) Section 122.5 of the federal Act, except the definition of "eligible individual" in subsection (1) and subsection (3), applies for the purposes of this section in relation to a month specified for the 2009 and subsequent taxation years.
Section 8.3 was enacted by 2023-23-63, effective January 1, 2023 [retro from May 11, 2023 (Royal Assent)].
Section 8.3 (7.1) was added by 2024-13-75, effective January 1, 2023 [retro from April 25, 2024 (Royal Assent)].
Section 9 (1) (b) BEFORE changes were made by 2000-15-8(a), effective January 1, 2001.
(b) if the individual had a cohabiting spouse at the end of the taxation year, all amounts that are earned income of the cohabiting spouse for the taxation year;
"adjusted income", "base taxation year", "cohabiting spouse", "eligible individual", "qualified dependant" and "return of income" have the same meaning as in section 122.6 of the federal Act;
Section 9 (2) BEFORE repealed by 2000-15-8(b), effective January 1, 2000 [retro from June 29, 2000 (Royal Assent)].
(2) [Repealed 2000-15-8.]
Section 9 BEFORE repealed by 2018-12-6, effective July 1, 2018.
Definitions for BC Family Bonus
9 (1) For the purposes of sections 10 to 13:
"adjusted earned income" means, for an individual for a taxation year, the total of
(a) all amounts that are earned income of the individual for the taxation year, and
(b) if the individual had a cohabiting spouse or common-law partner at the end of the taxation year, all amounts that are earned income of the cohabiting spouse or common-law partner for the taxation year;
"adjusted income", "base taxation year", "cohabiting spouse or common-law partner", "eligible individual", "qualified dependant" and "return of income" have the same meaning as in section 122.6 of the federal Act;
"earned income" has the same meaning as in section 63 (3) of the federal Act.
Section 10 (1) (b) BEFORE amended by 2000-15-9, effective January 1, 2001.
(b) if the Provincial minister so demands, the person's cohabiting spouse at the end of the taxation year has filed a return of income for that year;
Section 10 (1) (b) BEFORE amended by 2003-23-23, effective April 10, 2003 (Royal Assent).
(b) if the Provincial minister so demands, the person's cohabiting spouse or common-law partner at the end of the taxation year has filed a return of income for that year;
Section 10 (3) and (5) BEFORE amended by 2004-40-12, effective July 1, 2003 [retro from May 13, 2004 (Royal Assent)].
(3) Subject to subsections (4) and (5), the overpayment deemed to have arisen during a month under subsection (1) in respect of the person's liability under this Act for a taxation year is equal to the total of
(a) the amount of the BC basic family bonus determined in accordance with the regulations under subsection (4), and
(b) the amount of the BC earned income benefit determined in accordance with the regulations under subsection (4).
(5) Section 122.61 (2) of the federal Act applies for the purposes of this section.
Section 10 (4) BEFORE amended by 2014-4-18, effective March 24, 2014 (Royal Assent).
(4) The Lieutenant Governor in Council may make regulations prescribing the amounts, or the calculation of the amounts, of the BC basic family bonus and the BC earned income benefit, as referred to in subsection (3).
Section 10 BEFORE repealed by 2018-12-6, effective July 1, 2018.
BC Family Bonus
10 (1) As an exception to section 2, an overpayment on account of a person's liability under this Act for a taxation year is deemed to have arisen during a month in relation to which the year is the base taxation year if the following requirements are met:
(a) the person has filed a return of income for that year;
(b) if the minister so demands, the person's cohabiting spouse or common-law partner at the end of the taxation year has filed a return of income for that year;
(c) the person was resident in British Columbia for a period that includes the first day of the month and that began before that day.
(2) If a person who was resident in British Columbia during the period referred to in subsection (1) (c) was also resident outside British Columbia during that period, an overpayment that would otherwise be deemed to have arisen during the month referred to in that subsection is deemed to arise only if
(a) the person was present in British Columbia for a period of at least 14 days during that month, or
(b) the person comes within a class of persons exempted by regulation from the requirement to be present in British Columbia for the period referred to in paragraph (a).
(2.1) Subsection (2) does not apply in relation to any month after June 2014.
(3) Subject to subsection (4), the overpayment deemed to have arisen during a month under subsection (1) in respect of the person's liability under this Act for a taxation year is equal to the total of
(a) the amount of the BC basic family bonus determined in accordance with the regulations under subsection (4), and
(b) the amount of the BC earned income benefit determined in accordance with the regulations under subsection (4).
(4) Without limiting section 48 (1) and (2), the Lieutenant Governor in Council may make regulations as follows:
(a) for the purposes of subsection (3) (a), prescribing the amount, or the calculation of the amount, of the BC basic family bonus;
(b) for the purposes of subsection (3) (b),
(i) prescribing the amount, or the calculation of the amount, of the BC earned income benefit, or
(ii) specifying that the amount of the BC earned income benefit is zero.
(6) For the purposes of this section, if a person was resident in Canada for only part of a taxation year or was not resident in Canada at any time in a taxation year,
(a) the person's income for the year is deemed to be equal to the amount that would have been the person's income for the year had the person been resident in Canada throughout the year, and
(b) the person's earned income for the year is limited to that portion of the amount that would be the person's earned income that is included because of section 114 or 115 (1) of the federal Act in computing the person's taxable income or taxable income earned in Canada, as the case may be, for the year.
(7) For the purposes of this section, if an individual becomes bankrupt in a taxation year,
(a) the individual's earned income for the year includes the individual's earned income for the taxation year that begins on January 1 of the calendar year that includes the date of bankruptcy,
(b) the individual's income for the year includes the individual's income for the taxation year that begins on January 1 of the calendar year that includes the date of bankruptcy, and
(c) the total of all amounts deducted under section 63 of the federal Act in computing the individual's income for the year includes the amount deducted under that section for the individual's taxation year that begins on January 1 of the calendar year that includes the date of bankruptcy.
Section 11 (2) BEFORE amended by 2000-15-9, effective January 1, 2001.
(2) If
(a) at any time before the end of a particular month a taxpayer has become the cohabiting spouse of an eligible individual, and
(b) the taxpayer and the eligible individual jointly so elect, before the end of the 11th month after the particular month, in a form that is acceptable to the Provincial minister and filed with the federal minister,
for the purpose of determining the amount deemed under section 10 (1) to be an overpayment on account of the individual's liability under this Act for the base taxation year in relation to the particular month, the taxpayer is deemed to have been the eligible individual's cohabiting spouse throughout the period that began immediately before the end of that base taxation year and ended when the taxpayer became the individual's cohabiting spouse.
Section 11 (2) (b) BEFORE amended by 2003-23-24, effective April 10, 2003 (Royal Assent).
(b) the taxpayer and the eligible individual jointly so elect, before the end of the 11th month after the particular month, in a form that is acceptable to the Provincial minister and filed with the federal minister,
Section 11 (3) (a) BEFORE amended by 2000-15-10, effective January 1, 2001.
(a) before the end of a particular month an eligible individual in respect of a qualified dependant begins to live separate and apart from the individual's cohabiting spouse, because of a breakdown of their marriage, for a period of at least 90 days that includes a day in the particular month, and
Section 11 (3) (b) BEFORE amended by 2003-23-24, effective April 10, 2003 (Royal Assent).
(b) the individual so elects, before the end of the 11th month after the particular month, in a form that is acceptable to the Provincial minister and filed with the federal minister,
Section 11 (4) (a) BEFORE amended by 2000-15-10, effective January 1, 2001.
(a) before the end of a particular month the cohabiting spouse of an eligible individual in respect of a qualified dependant dies, and
Section 11 (4) (b) BEFORE amended by 2003-23-24, effective April 10, 2003 (Royal Assent).
(b) the individual so elects, before the end of the 11th month after the particular month, in a form that is acceptable to the Provincial minister and filed with the federal minister,
Section 11 BEFORE repealed by 2018-12-6, effective July 1, 2018.
Notice requirements and other rules about eligible individuals and their spouses or common-law partners
11 (1) Section 122.62 (1), (2) and (4) of the federal Act applies for the purposes of sections 10 to 13 of this Act.
(a) at any time before the end of a particular month a taxpayer has become the cohabiting spouse or common-law partner of an eligible individual, and
(b) the taxpayer and the eligible individual jointly so elect, before the end of the 11th month after the particular month, in a form that is acceptable to the Provincial minister and filed with the minister,
for the purpose of determining the amount deemed under section 10 (1) to be an overpayment on account of the individual's liability under this Act for the base taxation year in relation to the particular month, the taxpayer is deemed to have been the eligible individual's cohabiting spouse or common-law partner throughout the period that began immediately before the end of that base taxation year and ended when the taxpayer became the individual's cohabiting spouse or common-law partner.
(a) before the end of a particular month an eligible individual in respect of a qualified dependant begins to live separate and apart from the individual's cohabiting spouse or common-law partner, because of a breakdown of their marriage or common-law partnership, for a period of at least 90 days that includes a day in the particular month, and
(b) the individual so elects, before the end of the 11th month after the particular month, in a form that is acceptable to the Provincial minister and filed with the minister,
for the purpose of determining the amount deemed under section 10 (1) to be an overpayment arising in any month after the particular month on account of the individual's liability under this Act for the base taxation year in relation to the particular month, subject to any subsequent election under subsection (2) or (4),
(c) the individual's adjusted income for the year is deemed to be equal to the individual's income for the year, and
(d) the individual's adjusted earned income for the year is deemed to be equal to the individual's earned income for the year.
(a) before the end of a particular month the cohabiting spouse or common-law partner of an eligible individual in respect of a qualified dependant dies, and
(b) the individual so elects, before the end of the 11th month after the particular month, in a form that is acceptable to the Provincial minister and filed with the minister,
for the purpose of determining the amount deemed under section 10 (1) to be an overpayment arising in any month after the particular month on account of the individual's liability under this Act for the base taxation year in relation to the particular month, subject to any subsequent election under subsection (2) or (3),
(c) the individual's adjusted income for the year is deemed to be equal to the individual's income for the year, and
(d) the individual's adjusted earned income for the year is deemed to be equal to the individual's earned income for the year.
Section 12 BEFORE repealed by 2018-12-6, effective July 1, 2018.
BC Family Bonus cannot be attached or assigned
12 A refund of an amount deemed by section 10 to be an overpayment on account of a person's liability under this Act for a taxation year
(a) cannot be charged or given as security,
(b) cannot be assigned except under a prescribed Act,
(c) cannot be garnished or attached,
(d) is exempt from execution or seizure, and
(e) cannot be retained by way of deduction or set-off under the Financial Administration Act.
Section 13 (1)(part) BEFORE amended by 2014-4-19, effective March 24, 2014 (Royal Assent).
(1) The Lieutenant Governor in Council may make regulations for the purposes of sections 10 to 12, including regulations
Section 13 BEFORE repealed by 2018-12-6, effective July 1, 2018.
BC Family Bonus regulations and forms
13 (1) Without limiting section 48 (1) and (2), the Lieutenant Governor in Council may make regulations for the purposes of sections 10 to 12, including regulations
(a) [Repealed RS1996-215-13 (2).]
(b) exempting, for the purposes of section 10 (2) (b), classes of persons from the requirement to be present in British Columbia, and
(c) prescribing enactments for the purposes of section 12 (b).
(2) [Spent. RS1996-215-13 (2).]
(3) The Provincial minister may specify forms that are to be used for the purposes of sections 10 to 12.
Section 13.01 (b) and (d) in the definition of "eligible individual" BEFORE amended by 2016-5-13, effective March 10, 2016 (Royal Assent)
(b) is the parent of the qualified dependant who primarily fulfils the responsibility for the care and upbringing of the qualified dependant, and
(d) if a qualified dependant resides with the dependant's female parent, the parent who primarily fulfils the responsibility for the care and upbringing of the qualified dependant is presumed to be the female parent,
Sections 13.01 to 13.06 were enacted by 2008-10-41, effective March 31, 2008 [retro from May 1, 2008 (Royal Assent)].
Section 13.092 (2) (part) BEFORE amended by 2022-32-2(a), effective November 3, 2022 (Royal Assent).
(2) The amount of the overpayment deemed by subsection (1) to have arisen during a month in respect of an individual's liability under this Act for a taxation year is the greater of the following 2 amounts:
Section 13.092 (1) (part) BEFORE amended by 2022-32-1, effective January 1, 2023.
(1) An overpayment on account of an individual's liability under this Act for a taxation year is deemed to have arisen during a month in relation to which the year is the base taxation year, if the following requirements are met:
Section 13.092 (2) BEFORE amended by 2023-23-64, effective July 1, 2023.
(2) Subject to subsection (2.1), the amount of the overpayment deemed by subsection (1) to have arisen during a month in respect of an individual's liability under this Act for a taxation year is the greater of the following 2 amounts:
(a) the amount determined by the following formula:
| 1 | × [benefit − (EAI × 4%)] |
| 12 |
| where | |||
| benefit | = | the amount based on the number of qualified dependants in respect of whom the individual was an eligible individual at the beginning of the month, as follows: | |
| (i) | for one qualified dependant, $1 600; | ||
| (ii) | for 2 qualified dependants, $2 600; | ||
| (iii) | for 3 or more qualified dependants, the amount determined by the following formula: | ||
| $2 600 + [$800 × (number of qualified dependants − 2)]; | |||
| EAI | = | the amount, if any, by which the individual's adjusted income for the base taxation year exceeds $25 000; | |
(b) the amount determined by the following formula:
| 1 | × [benefit − (EAI × 4%)] |
| 12 |
| where | |||
| benefit | = | the amount based on the number of qualified dependants in respect of whom the individual was an eligible individual at the beginning of the month, as follows: | |
| (i) | for one qualified dependant, $700; | ||
| (ii) | for 2 qualified dependants, $1 380; | ||
| (iii) | for 3 or more qualified dependants, the amount determined by the following formula: | ||
| $1 380 + [$660 × (number of qualified dependants − 2)]; | |||
| EAI | = | the amount, if any, by which the individual's adjusted income for the base taxation year exceeds $80 000. | |
Section 13.092 (2) (part) BEFORE amended by 2024-13-76(a), effective April 25, 2024 (Royal Assent).
(2) Subject to subsection (2.1), the amount of the overpayment deemed by subsection (1) to have arisen during a month in respect of an individual's liability under this Act for a taxation year is the greater of the following 2 amounts:
Section 13.092 (8) (a) BEFORE amended by 2024-13-76(c), effective April 25, 2024 (Royal Assent).
(a) the amount that would, but for subsection (9), be the relevant amount used under subsection (2) for the month that is one year before the particular month, and
Section 13.093 BEFORE re-enacted by 2025-10-5, effective January 1, 2025 [retro from May 29, 2025 (Royal Assent)].
Application of federal provisions to BC family benefit — rules about eligible individuals and their spouses or common-law partners
13.093 Section 122.62 (1), (2) and (4) to (8) of the federal Act applies for the purposes of this section and sections 13.091, 13.092, 13.094 and 13.095 of this Act, except that, in addition to any other necessary modifications, section 122.62 (5) (b), (6) (b) and (7) (b) of the federal Act is to be read as if
(a) a reference to section 122.61 (1) of the federal Act were a reference to section 13.092 of this Act, and
Section 13.1 (5) BEFORE amended by 2003-23-25, effective April 10, 2003 (Royal Assent).
(5) Without limiting any provision of this or any other enactment, the Provincial minister and the minister responsible for the administration of the Employee Investment Act may
Section 13.2 (2) BEFORE repealed by 2000-15-42 effective January 1, 2001.
(2) A mutual fund trust that
(a) is entitled to a capital gains refund under subsection (1) for a taxation year, and
(b) has paid or is liable to pay surtax for the taxation year
is entitled to receive an additional refund for the taxation year equal to the amount by which the surtax would be reduced, if the refund for the taxation year under subsection (1) were deducted from the tax on which the surtax was computed.
Section 13.2 (3) (a) BEFORE amended by 2000-15-42, effective January 1, 2001.
(a) apply all or part of the amount that would otherwise be refunded under subsection (1), and under subsection (2) if applicable, to the liability, and
Section 13.3 was added by 2002-19-13, effective April 1, 2002 [retro from April 11, 2002 (Royal Assent)].
Section 13.3 definition of "Canadian-controlled private corporation" BEFORE repealed by 2004-40-13, effective April 1, 2002 [retro from May 13, 2004 (Royal Assent).]
"Canadian-controlled private corporation" has the same meaning as in section 248 of the federal Act;
Section 14 (1) definition "taxable income earned in the year in British Columbia" BEFORE amended by 2001-3-16, effective March 16, 2001 [retro from March 29, 2001 (Royal Assent)].
"taxable income earned in the year in British Columbia" means the taxable income earned in the year in British Columbia by a corporation as determined in accordance with regulations made under section 124 (4) (a) of the federal Act.
Section 14 (1) BEFORE amended by 2002-19-14, effective April 1, 2002 [retro from April 11, 2002 (Royal Assent)].
(1) In this section:
"foreign investment income" means income described in section 126 (1) (b) (i) of the federal Act from sources in a country other than Canada;
"taxable income earned in the year in British Columbia" means the taxable income earned in the year in British Columbia by a corporation as determined in accordance with regulations made under section 124 (4) of the federal Act.
Section 14(2) BEFORE amendment by 2001-34-13, effective January 1, 2002.
(2) The tax payable by a corporation under this Act is 16.5% of the corporation's taxable income earned in the year in British Columbia.
Section 14 (3) (a) (ii) BEFORE amended by 2001-3-16, effective March 16, 2001 [retro from March 29, 2001 (Royal Assent)].
(ii) that proportion of the taxable income earned in the year by the corporation that is determined to have been earned in the year in British Columbia in accordance with regulations made under section 124 (4) (a) of the federal Act, or
Section 14 (3) (b) (i) and (ii) BEFORE amended by 2001-3-16, effective March 16, 2001 [retro from March 29, 2001 (Royal Assent)].
(i) the taxable income earned in the year in British Columbia by the corporation as determined in accordance with regulations made under section 124 (4) (a) of the federal Act
is of
(ii) the aggregate of the taxable income earned in the year in each province by the corporation as determined under regulations made under section 124 (4) (a) of the federal Act.
Section 14 (6) (b) BEFORE amended by 2003-23-26, effective April 10, 2003 (Royal Assent).
(b) the percentage referred to in section 131 (6) (d) (i) of the federal Act for the year.
Section 14 (2) BEFORE amended by 2005-38-1, effective July 1, 2005 [retro from November 24, 2005 (Royal Assent)].
(2) The tax payable by a corporation under this Act is 13.5% of the corporation's taxable income earned in the year in British Columbia.
Section 14 (3) (a) BEFORE amended by 2005-38-1, effective July 1, 2005 [retro from November 24, 2005 (Royal Assent)].
(a) 13.5% of the product of
Section 14 (3) BEFORE amended by 2005-5-16(b), effective January 1, 2006 (BC Reg 356/2005).
(3) If the income for a taxation year of a corporation that maintained a permanent establishment in British Columbia at any time in the taxation year includes foreign investment income, and if the corporation has claimed a deduction under section 126 (1) of the federal Act in respect of the foreign investment income, the corporation may deduct from the tax for the year otherwise payable under this Act an amount equal to the smaller of
(a) 12% of the product of
(i) the foreign investment income of the corporation for the year from sources in the country, and
(ii) that proportion of the taxable income earned in the year by the corporation that is determined to have been earned in the year in British Columbia in accordance with regulations made under section 124 (4) of the federal Act, or
(b) that proportion of the amount by which the part of any non-business income tax paid by the corporation for the year to the government of a country other than Canada, except any of that tax or part of it that may reasonably be regarded as having been paid in respect of income from a share of the capital stock of a foreign affiliate of the corporation, exceeds the amount of the deduction claimed by the corporation under section 126 (1) of the federal Act that
(i) the taxable income earned in the year in British Columbia by the corporation as determined in accordance with regulations made under section 124 (4) of the federal Act
is of
(ii) the aggregate of the taxable income earned in the year in each province by the corporation as determined under regulations made under section 124 (4) of the federal Act.
Section 14 (3.1) was added by 2005-5-16(b), effective January 1, 2006 (BC Reg 356/2005).
[Note: above was amended by 2005-38-2, effective November 24, 2005 (Royal Assent).]
Section 14 (5) BEFORE amended by 2005-5-16(c), effective January 1, 2006 (BC Reg 356/2005).
(5) If the income of a corporation for a taxation year includes income from sources in more than one country other than Canada, subsection (3) must be read as providing for separate deductions in respect of each of the countries other than Canada.
Section 14 (2) BEFORE amended by 2008-10-43, effective July 1, 2008.
(2) The tax payable by a corporation under this Act is 12% of the corporation's taxable income earned in the year in British Columbia.
Section 14 (3.1) (a) BEFORE amended by 2008-10-43, effective July 1, 2008.
(a) the amount determined by the following formula:
| 12% X FII X | BCTI |
| TI |
| where | ||
| BCTI | = | the corporation's taxable income earned in the year in British Columbia; |
| FII | = | the corporation's foreign investment income for the year from sources in that other country; |
| TI | = | the corporation's taxable income earned in the year, and |
Section 14 (2) BEFORE amended by 2009-4-21, effective January 1, 2010.
(2) The tax payable by a corporation under this Act is 11% of the corporation's taxable income earned in the year in British Columbia.
Section 14 (3.1) (a) (part) BEFORE amended by 2009-4-21, effective January 1, 2010.
| BCTI | |
| 11% x FII x | |
| TI |
Section 14 (2) BEFORE amended by 2009-4-22, effective January 1, 2011.
(2) The tax payable by a corporation under this Act is 10.5% of the corporation's taxable income earned in the year in British Columbia.
Section 14 (3.1) (a) formula BEFORE amended by 2009-4-22, effective January 1, 2011.
| BCTI | |
| 10.5% x FII x | |
| TI |
Section 14 (2) BEFORE amended by 2013-17-26, effective April 1, 2013 [retro from July 25, 2013 (Royal Assent].
(2) The tax payable by a corporation under this Act is 10% of the corporation's taxable income earned in the year in British Columbia.
Section 14 (3.1) (a) BEFORE amended by 2013-17-26, effective April 1, 2013 [retro from July 25, 2013 (Royal Assent].
(a) the amount determined by the following formula:
| BCTI | |
| 10% x FII x | |
| TI |
| where | ||
| BCTI | = | the corporation's taxable income earned in the year in British Columbia; |
| FII | = | the corporation's foreign investment income for the year from sources in that other country; |
| TI | = | the corporation's taxable income earned in the year, and |
Section 14 (2) BEFORE amended by 2017-12-48, effective January 1, 2018.
(2) The tax payable by a corporation under this Act is 11% of the corporation's taxable income earned in the year in British Columbia.
Section 14 (3.1) (a) BEFORE amended by 2017-12-48, effective January 1, 2018.
(a) the amount determined by the following formula:
| ||||||||
| where | ||||||||
| BCTI | = | the corporation's taxable income earned in the year in British Columbia; | ||||||
| FII | = | the corporation's foreign investment income for the year from sources in that other country; | ||||||
| TI | = | the corporation's taxable income earned in the year, and | ||||||
Section 14.1 was re-enacted by 2002-19-15, effective April 1, 2002 [retro from April 11, 2002 (Royal Assent)].
Corporate straddle provision
14.1 (1) If during the taxation year of a corporation there is a change in the rate of tax payable under this Act by the corporation, the corporation must compute its tax payable for that taxation year in accordance with the following:
(a) by treating the taxation year as 2 notional taxation years, the first ending on the last day before the change applied and the second beginning on the first day that the change applied;
(b) by apportioning the amount taxable between the 2 notional taxation years proportionally according to the number of days in each;
(c) by computing
(i) tax on the first notional taxation year in accordance with the tax applicable before the change applied, and
(ii) tax on the second notional taxation year in accordance with the tax applicable after the change applied;
(d) by adding the amounts determined under paragraph (c) (i) and (ii).
(2) The total amount determined under subsection (1) (d) is the tax payable by the corporation in respect of the taxation year.
Section 16 (1) (a) and (b), 16(2)(a) and (b), and (16)(4) BEFORE amended by 2001-5-2, effective January 1, 2001 [retro from March 29, 2001 (Royal Assent)].
(a) 4.75% on an amount that is the proportion of the least of the amounts determined under section 125 (1) (a), (b) and (c) of the federal Act in respect of the corporation for the taxation year that the amount of the portion of its taxable income earned in the year in British Columbia, determined in accordance with section 124 (4) (a) of the federal Act, bears to the total amount of the portions of its taxable income earned in the year in all provinces, determined in accordance with section 124 (4) (a) of the federal Act, and
(b) 16.5% on an amount calculated by deducting from the total taxable income earned in the year in British Columbia the amount on which the 4.75% rate is applied in paragraph (a).
(2) Despite section 14 (2), for a year when a credit union has been allowed a deduction under section 125 (1) or 137 (3) of the federal Act, the credit union must pay tax under this Part equal to the aggregate of
(a) 4.75% on an amount calculated by allocating
(b) 16.5% on an amount, if any, calculated by deducting from the total taxable income earned in the year in British Columbia the amount on which the 4.75% rate is applied in paragraph (a).
(4) Despite section 14 (2), a corporation that has been allowed to use section 137.1 (9) of the federal Act must pay tax under this Part equal to 4.75% on an amount calculated by allocating the amount of taxable income of the corporation to which section 137.1 (9) of the federal Act applies and has been allowed, on the same basis as set out in the regulations made under section 124 (4) (a) of the federal Act.
Section 16 (1) (a) BEFORE changes were made by 2001-3-17, effective March 16, 2001 [retro from March 29, 2001 (Royal Assent)].
(a) 4.75% on an amount that is the proportion of the least of the amounts determined under section 125 (1) (a), (b) and (c) of the federal Act in respect of the corporation for the taxation year that the amount of the portion of its taxable income earned in the year in British Columbia, determined in accordance with section 124 (4) (a) of the federal Act, bears to the total amount of the portions of its taxable income earned in the year in all provinces, determined in accordance with section 124 (4) (a) of the federal Act, and
Section 16 (2) (a) and 16 (4) BEFORE changes were made by 2001-3-17, effective March 16, 2001 [retro from March 29, 2001 (Royal Assent)].
on the same basis as set out under the regulations made under section 124 (4) (a) of the federal Act, and
(4) Despite section 14 (2), a corporation that has been allowed to use section 137.1 (9) of the federal Act must pay tax under this Part equal to 4.75% on an amount calculated by allocating the amount of taxable income of the corporation to which section 137.1 (9) of the federal Act applies and has been allowed, on the same basis as set out in the regulations made under section 124 (4) (a) of the federal Act.
Section 16 (1) (b) BEFORE amendment by 2002-34-13, effective January 1, 2002.
(b) 16.5% on an amount calculated by deducting from the total taxable income earned in the year in British Columbia the amount on which the 4.5% rate is applied in paragraph (a).
Section 16 (2) (b) BEFORE amendment by 2002-34-13, effective January 1, 2002.
(b) 16.5% on an amount, if any, calculated by deducting from the total taxable income earned in the year in British Columbia the amount on which the 4.5% rate is applied in paragraph (a).
Section 16 (1) and (2) BEFORE amendments by 2002-19-16(a), effective April 1, 2002 [retro from April 11, 2002 (Royal Assent)].
(1) Despite section 14 (2), for a year when a corporation, other than a credit union, has been allowed a deduction from federal tax under section 125 (1) of the federal Act, the corporation must pay tax under this Part equal to the aggregate of
(a) 4.5% on an amount that is the proportion of the least of the amounts determined under section 125 (1) (a), (b) and (c) of the federal Act in respect of the corporation for the taxation year that the amount of the portion of its taxable income earned in the year in British Columbia, determined in accordance with section 124 (4) of the federal Act, bears to the total amount of the portions of its taxable income earned in the year in all provinces, determined in accordance with section 124 (4) of the federal Act, and
(b) 13.5% on an amount calculated by deducting from the total taxable income earned in the year in British Columbia the amount on which the 4.5% rate is applied in paragraph (a).
(2) Despite section 14 (2), for a year when a credit union has been allowed a deduction under section 125 (1) or 137 (3) of the federal Act, the credit union must pay tax under this Part equal to the aggregate of
(a) 4.5% on an amount calculated by allocating
(i) the least of the amounts calculated under section 125 (1) (a), (b) and (c) of the federal Act and allowed for purposes of section 125 (1) of the federal Act, plus
(ii) the least of the amounts allowed under section 137 (3) (a) and (b) and allowed for purposes of the federal Act,
on the same basis as set out under the regulations made under section 124 (4) of the federal Act, and
(b) 13.5% on an amount, if any, calculated by deducting from the total taxable income earned in the year in British Columbia the amount on which the 4.5% rate is applied in paragraph (a).
Section 16 (5) and (6) were added by 2002-19-16(b), effective April 1, 2002 [retro from April 11, 2002 (Royal Assent)].
Section 16 (2) (a) BEFORE amended by 2004-40-14, effective April 1, 2002 [retro from May 13, 2004 (Royal Assent)].
(a) 4.5% of the amount determined by the following formula:
| A | X (the lesser of C and D) |
| B |
where
A means the corporation's taxable income earned in the year in British Columbia,
B means the corporation's taxable income earned in the taxation year in all provinces, determined in accordance with section 124 (4) of the federal Act,
C means the amount determined in respect of the corporation for the taxation year under section 137 (3) (a) of the federal Act, and
D means the amount determined in respect of the corporation for the taxation year under section 137 (3) (b) of the federal Act, and
Section 16 (5) definition of "business limit" BEFORE amended by 2004-40-15, effective January 1, 2003 [retro from May 13, 2004 (Royal Assent)].
"business limit", in relation to a corporation, means, for each taxation year, the amount that would be the corporation's business limit for the taxation year within the meaning of the federal Act if
(a) the amount expressed in dollars in section 125 (2), (3) and (4) of the federal Act were read as $300 000, and
(b) in the case of a corporation that is associated in the taxation year with one or more other Canadian-controlled private corporations, the amount allocated to the corporation for the purposes of this section is the amount that is the same proportion of $300 000 that the amount allocated to the corporation
Section 16 (5) definition of "business limit" in paragraphs (a) and (b) BEFORE amended by 2005-5-17(a), effective January 1, 2005 [retro from March 3, 2005 (Royal Assent)].
(a) the amount expressed in dollars in section 125 (2) of the federal Act were read as $300 000, and
(b) in the case of a corporation that is associated in the taxation year with one or more other Canadian-controlled private corporations, the amount allocated to the corporation for the purposes of this section is the amount that is the same proportion of $300 000
Section 16 (5) definition of "specified partnership income" BEFORE amended by 2005-5-17(b), effective January 1, 2005 [retro from March 3, 2005 (Royal Assent)].
"specified partnership income", in relation to a corporation, means, for each taxation year, the amount that would be the corporation's specified partnership income within the meaning of section 125 (7) of the federal Act if the amounts expressed in dollars in the description of "M" in the definition of "specified partnership income" in that section were, for the first amount, read as "$300 000" and, for the second amount, read as "$822".
Section 16 (1) (b) BEFORE amended by 2005-38-1, effective July 1, 2005 [retro from November 24, 2005 (Royal Assent)].
(b) 13.5% of the amount, if any, calculated by deducting from the taxable income earned in the year in British Columbia the amount to which 4.5% is applied under paragraph (a) of this subsection.
Section 16 (2) (b) BEFORE amended by 2005-38-1, effective July 1, 2005 [retro from November 24, 2005 (Royal Assent)].
(b) 13.5% of the amount, if any, calculated by deducting from the taxable income earned in the year in British Columbia the amount to which 4.5% is applied under paragraph (a) of this subsection.
Section 16 (5) definition of "Canadian-controlled private corporation" was added by 2007-2-20, effective January 1, 2006 [retro from March 12, 2007 (Royal Assent)].
Section 16 (1) (b) BEFORE amended by 2008-10-43, effective July 1, 2008.
(b) 12% of the amount, if any, calculated by deducting from the taxable income earned in the year in British Columbia the amount to which 4.5% is applied under paragraph (a) of this subsection.
Section 16 (2) (b) BEFORE amended by 2008-10-43, effective July 1, 2008.
(b) 12% of the amount, if any, calculated by deducting from the taxable income earned in the year in British Columbia the amount to which 4.5% is applied under paragraph (a) of this subsection.
Section 16 (1) (a) (part) BEFORE amended by 2008-10-45, effective July 1, 2008.
(a) 4.5% of the amount determined by the following formula:
Section 16 (1) (b) (part) BEFORE amended by 2008-10-45, effective July 1, 2008.
(b) 11% of the amount, if any, calculated by deducting from the taxable income earned in the year in British Columbia the amount to which 4.5% is applied under paragraph (a) of this subsection.
Section 16 (2) (a) (part) BEFORE amended by 2008-10-45, effective July 1, 2008.
(a) 4.5% of the amount determined by the following formula:
Section 16 (2) (b) (part) BEFORE amended by 2008-10-45, effective July 1, 2008.
(b) 11% of the amount, if any, calculated by deducting from the taxable income earned in the year in British Columbia the amount to which 4.5% is applied under paragraph (a) of this subsection.
Section 16 (4) BEFORE amended by 2008-10-45, effective July 1, 2008.
(4) Despite section 14 (2), a corporation that has been allowed to use section 137.1 (9) of the federal Act must pay tax under this Part equal to 4.5% on an amount calculated by allocating the amount of taxable income of the corporation to which section 137.1 (9) of the federal Act applies and has been allowed, on the same basis as set out in the regulations made under section 124 (4) of the federal Act.
Section 16 (1) (a) and (b), 2 (a) and (b) and (4) BEFORE amended by 2008-44-4, effective December 1, 2008.
(a) 3.5% of the amount determined by the following formula:
(b) 11% of the amount, if any, calculated by deducting from the taxable income earned in the year in British Columbia the amount to which 3.5% is applied under paragraph (a) of this subsection.
(a) 3.5% of the amount determined by the following formula:
(b) 11% of the amount, if any, calculated by deducting from the taxable income earned in the year in British Columbia the amount to which 3.5% is applied under paragraph (a) of this subsection.
(4) Despite section 14 (2), a corporation that has been allowed to use section 137.1 (9) of the federal Act must pay tax under this Part equal to 3.5% on an amount calculated by allocating the amount of taxable income of the corporation to which section 137.1 (9) of the federal Act applies and has been allowed, on the same basis as set out in the regulations made under section 124 (4) of the federal Act.
Section 16 (1) (b) BEFORE amended by 2009-4-21, effective January 1, 2010.
(b) 11% of the amount, if any, calculated by deducting from the taxable income earned in the year in British Columbia the amount to which 2.5% is applied under paragraph (a) of this subsection.
Section 16 (2) (b) BEFORE amended by 2009-4-21, effective January 1, 2010.
(b) 11% of the amount, if any, calculated by deducting from the taxable income earned in the year in British Columbia the amount to which 2.5% is applied under paragraph (a) of this subsection.
Section 16 (5) definitions "business limit" and "specified partnership income" BEFORE amended by 2009-14-38, effective January 1, 2010.
"business limit", in relation to a corporation, means, for each taxation year, the amount that would be the corporation's business limit for the taxation year within the meaning of the federal Act if
(a) the amount expressed in dollars in section 125 (2) of the federal Act were read as $400 000, and
(b) in the case of a corporation that is associated in the taxation year with one or more other Canadian-controlled private corporations, the amount allocated to the corporation for the purposes of this section is the amount that is the same proportion of $400 000
(i) that the business limit for the corporation, determined under section 125 (3) of the federal Act, is to the amount expressed in dollars in that section, or
(ii) that the amount allocated to the corporation under section 125 (4) of the federal Act is to the total amount allocated under that section;
"specified partnership income", in relation to a corporation, means, for each taxation year, the amount that would be the corporation's specified partnership income within the meaning of section 125 (7) of the federal Act if the amounts expressed in dollars in the description of "M" in the definition of "specified partnership income" in that section were, for the first amount, read as "$400 000" and, for the second amount, read as "$1 096".
Section 16 (1) (b) BEFORE amended by 2009-4-22, effective January 1, 2011.
(b) 10.5% of the amount, if any, calculated by deducting from the taxable income earned in the year in British Columbia the amount to which 2.5% is applied under paragraph (a) of this subsection.
Section 16 (2) (b) BEFORE amended by 2009-4-22, effective January 1, 2011.
(b) 10.5% of the amount, if any, calculated by deducting from the taxable income earned in the year in British Columbia the amount to which 2.5% is applied under paragraph (a) of this subsection.
Section 16 (1) (b) and (2) (b) BEFORE amended by 2013-17-26, effective April 1, 2013 [retro from July 25, 2013 (Royal Assent].
(b) 10% of the amount, if any, calculated by deducting from the taxable income earned in the year in British Columbia the amount to which 2.5% is applied under paragraph (a) of this subsection.
(b) 10% of the amount, if any, calculated by deducting from the taxable income earned in the year in British Columbia the amount to which 2.5% is applied under paragraph (a) of this subsection.
Section 16 (2) (a) BEFORE amended by 2014-4-21, effective March 20, 2013 [retro from March 24, 2014 (Royal Assent)].
(a) 2.5% of the amount determined by the following formula:
![]() | ||
| where | ||
| A means the corporation's taxable income earned in the year in British Columbia, | ||
| B means the corporation's taxable income earned in the taxation year in all provinces, determined in accordance with section 124 (4) of the federal Act, | ||
| C means the amount determined in respect of the corporation for the taxation year under section 137 (3) (a) of the federal Act, and | ||
| D means the greater of | ||
| (i) the amount determined in respect of the corporation for the taxation year under section 137 (3) (b) of the federal Act, and | ||
| (ii) the least of the amounts determined in respect of the corporation for the taxation year under descriptions C, D and E in subsection (1) (a), and | ||
Section 16 (1) (a) (part) and (b) BEFORE amended by 2017-12-49, effective April 1, 2017 [retro from November 2, 2017 (Royal Assent)].
(a) 2.5% of the amount determined by the following formula:
(b) 11% of the amount, if any, calculated by deducting from the taxable income earned in the year in British Columbia the amount to which 2.5% is applied under paragraph (a) of this subsection.
Section 16 (2) (a) (part) and (b) BEFORE amended by 2017-12-49, effective April 1, 2017 [retro from November 2, 2017 (Royal Assent)].
(a) 2.5% of the amount determined by the following formula:
(b) 11% of the amount, if any, calculated by deducting from the taxable income earned in the year in British Columbia the amount to which 2.5% is applied under paragraph (a) of this subsection.
Section 16 (4) BEFORE amended by 2017-12-49, effective April 1, 2017 [retro from November 2, 2017 (Royal Assent)].
(4) Despite section 14 (2), a corporation that has been allowed to use section 137.1 (9) of the federal Act must pay tax under this Part equal to 2.5% on an amount calculated by allocating the amount of taxable income of the corporation to which section 137.1 (9) of the federal Act applies and has been allowed, on the same basis as set out in the regulations made under section 124 (4) of the federal Act.
Section 16 (2) (a) description of "D" BEFORE amended by 2017-12-50, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
| D | means the amount, if any, by which the amount determined, in respect of the corporation for the taxation year, under the description of "D" in section 137 (3) of the federal Act exceeds the amount determined under the description of "C" in this paragraph, and | ||
Section 16 (2) (a) description of "E", subparagraph (iii) BEFORE amended by 2017-12-50, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
| (iii) for any part of a taxation year that is in 2017, the applicable amount for that part is determined by dividing the number of days in the taxation year that are in 2017 by the total number of days in that taxation year and multiplying the result by 0.6; | |||
Section 16 (2) (a) description of "E", subparagraphs (iv to vi) BEFORE repealed by 2017-12-50, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
| (iv) for any part of a taxation year that is in 2018, the applicable amount for that part is determined by dividing the number of days in the taxation year that are in 2018 by the total number of days in that taxation year and multiplying the result by 0.4; | |||
| (v) for any part of a taxation year that is in 2019, the applicable amount for that part is determined by dividing the number of days in the taxation year that are in 2019 by the total number of days in that taxation year and multiplying the result by 0.2; | |||
| (vi) for any taxation year, or part of a taxation year, that is after December 31, 2019, the applicable amount for that taxation year or part is zero, and | |||
Section 16 (1) (b) BEFORE amended by 2017-12-48, effective January 1, 2018.
(b) 11% of the amount, if any, calculated by deducting from the taxable income earned in the year in British Columbia the amount to which 2% is applied under paragraph (a) of this subsection.
Section 16 (2) (b) BEFORE amended by 2017-12-48, effective January 1, 2018.
(b) 11% of the amount, if any, calculated by deducting from the taxable income earned in the year in British Columbia the amount to which 2% is applied under paragraph (a) of this subsection.
Section 16 (1) (a) description of "C" BEFORE amended by 2018-12-7(a), effective December 15, 2016 [retro from May 17, 2018 (Royal Assent)].
| C means the amount that would be determined under section 125 (1) (a) of the federal Act for the corporation for the taxation year if the reference in section 125 (1) (a) (ii) of the federal Act to "specified partnership income" were read as a reference to specified partnership income as defined by subsection (5) of this section, |
Section 16 (5) definition of "specified partnership income" BEFORE repealed by 2018-12-7(b), effective December 15, 2016 [retro from May 17, 2018 (Royal Assent)].
"specified partnership income", in relation to a corporation, means, for each taxation year,
(a) subject to paragraph (b), the amount that is the corporation's specified partnership income within the meaning of section 125 (7) of the federal Act, or
(b) if the amounts expressed in dollars in the description of "M" in the definition of "specified partnership income" in section 125 (7) of the federal Act are not, for the first amount, "$500 000" and, for the second amount, "$1 370", the amount that would be the corporation's specified partnership income within the meaning of section 125 (7) of the federal Act if the amounts expressed in dollars in the description of "M" in the definition of "specified partnership income" in that section were, for the first amount, read as "$500 000" and, for the second amount, read as "$1 370".
Section 16 (7) was added by 2018-12-7(c), effective December 15, 2016 [retro from May 17, 2018 (Royal Assent)].
Section 17 (1) and (2) BEFORE amended by 2002-19-17(a) and (b), effective April 1, 2002 [retro from April 11, 2002 (Royal Assent)].
(1) If eligible under this section, a corporation for which taxes are payable under section 16 (1) or (2) may deduct from the tax otherwise payable under that section for a taxation year an amount equal, as applicable, to
(a) the tax payable by the corporation under section 16 (1) (a) for that taxation year, or
(b) the tax payable by the corporation under section 16 (2) (a) for that taxation year in relation to the applicable amount used for the purposes of subparagraph (i) of that section.
(2) Interest or penalties on tax payable under section 16 (1) (a) or (2) (a) is not to be considered tax payable under that section for the purpose of determining the amount of a deduction under this section.
Section 17 (3) (d) BEFORE amended by 2002-19-17(c), effective April 1, 2002 [retro from April 11, 2002 (Royal Assent)].
(d) the corporation must minimize its tax liability for that taxation year by claiming all allowable deductions from tax otherwise payable under section 16 (1) (a) or (2) (a), as applicable;
Section 17 (3) (g) BEFORE amended by 2003-23-24, effective April 10, 2003 (Royal Assent).
(g) a certificate of eligibility issued under subsection (7) for the applicable taxation year must be filed with the federal minister;
Section 17 (9) BEFORE amended by 2003-23-24, effective April 10, 2003 (Royal Assent).
(9) For the purpose of determining whether a corporation is eligible under this section, the Commissioner of Income Tax has powers equivalent to the federal minister under sections 230 (3), 231, 231.1, 233 (1) and 236 of the federal Act, and for this purpose those sections apply.
Section 17 (9) BEFORE amended by 2001-3-18, effective March 16, 2001 [retro from March 29, 2001 (Royal Assent)].
(9) For the purpose of determining whether a corporation is eligible under this section, the Commissioner of Income Tax has powers equivalent to the federal minister under sections 230 (3), 231, 231.1, 233 and 236 of the federal Act, and for this purpose those sections apply.
Section 18 (5) BEFORE amended by 2004-49-72, effective September 1, 2004.
(5) A decision of the Provincial minister under subsection (4) may be appealed to the Supreme Court by way of an originating application and, for these purposes, section 20 of the International Financial Business (Tax Refund) Act applies.
Section 18 (5) BEFORE amended by 2010-6-93,Sch 3, effective July 1, 2010.
(5) A decision of the Provincial minister under subsection (4) may be appealed to the Supreme Court by way of an originating application and, for these purposes, section 20 of the International Financial Business (Tax Refund) Act, as it read on August 31, 2004, applies.
Section 18.1 (g) BEFORE repealed by 2001-3-19, effective March 16, 2001 [retro from March 29, 2001 (Royal Assent)].
(g) section 25 [mining reclamation trust tax credit];
Section 18.1 (c) and (d) BEFORE repealed by 2007-2-21, effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(c) section 19 (2) [royalty deduction];
(d) section 19 (7) [Nisg̱a'a royalty deduction];
Section 18.1 (e.1) was added by 2016-3-30, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
Section 19 (4) and (5) BEFORE amended by 2003-23-27, effective April 10, 2003 (Royal Assent).
(4) For the purpose of subsections (2) and (3), in calculating the tax otherwise payable for the year or for any preceding year and despite sections 66.1 (6) (a) and 66.2 (5) (a) of the federal Act, a taxpayer must include as income, to the extent not otherwise included in calculating income for the year or the preceding year, the amounts received or receivable from a government, municipality, Crown corporation or other public authority in respect of exploration and development for natural gas.
(5) For the purpose of subsection (4), an amount received or receivable from a government, municipality, Crown corporation or other public authority in respect of exploration and development includes a grant, credit, subsidy, forgivable loan, deduction from royalty or tax, amounts under a royalty tax credit program of any province, investment allowance or other form of assistance or benefit that is related to or dependent on an outlay or expense made or incurred, or deemed to be made or incurred, by the taxpayer that would qualify as Canadian exploration expense or Canadian development expense, under section 66.1 (6) (a) or 66.2 (5) (a) of the federal Act.
Section 19 (1) definitions of "adjusted active income" and "national taxable income" were added by 2004-40-16, effective January 1, 2000 [retro from May 13, 2004 (Royal Assent).
Section 19 (1) definition of "notional tax" BEFORE amended by 2004-40-16, effective January 1, 2000 [retro from May 13, 2004 (Royal Assent).
"notional tax", in relation to a taxpayer for a taxation year, means the tax that would be payable under this Part by the taxpayer for the taxation year if the taxpayer's taxable income under this Part for the taxation year was the amount, if any, by which
(a) the aggregate of all amounts, each of which is the adjusted taxable income of the taxpayer for the taxation year and for all preceding taxation years ending after May 5, 1973,
exceeds
(b) the amount determined under paragraph (a) for the immediately preceding taxation year.
(2) If
(a) the tax otherwise payable by a taxpayer for a taxation year
is greater than
(b) the notional tax of the taxpayer for the taxation year,
the difference must be deducted from the tax otherwise payable by the taxpayer for the taxation year.
(3) If
(a) the notional tax of a taxpayer for a taxation year
is greater than
(b) the tax otherwise payable by the taxpayer for the taxation year,
the difference must be added to the tax otherwise payable by the taxpayer for the taxation year.
(4) For the purpose of subsections (2) and (3), in calculating the notional tax for the year or for any preceding year, a taxpayer must include as income, to the extent not otherwise included in calculating income for the year or the preceding year, the amounts received or receivable from a government, municipality, Crown corporation or other public authority in respect of exploration and development for natural gas.
(5) For the purpose of subsection (4), an amount received or receivable from a government, municipality, Crown corporation or other public authority in respect of exploration and development includes a grant, credit, subsidy, forgivable loan, deduction from royalty or tax, amounts under a royalty tax credit program of any province, investment allowance or other form of assistance or benefit that is related to or dependent on an outlay or expense made or incurred, or deemed to be made or incurred, by the taxpayer that would qualify as Canadian exploration expense or Canadian development expense, under section 66.1 (6) or 66.2 (5) of the federal Act.
(6) In subsection (7):
Section 19 (5.1) was added by 2004-40-16, effective January 1, 2000 [retro from May 13, 2004 (Royal Assent).
Section 19 BEFORE repealed by 2007-2-22, effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
Royalty and deemed income rebate
19 (1) In this section:
"adjusted active income", in relation to a corporation that was, throughout a taxation year, a Canadian-controlled private corporation, means the amount that would be determined under section 125 (1) (a) of the federal Act for the year if that amount were calculated
(a) as though
(i) section 12 (1) (o) and (z.5),
(ii) section 18 (l) (m), except as that paragraph applies to an amount paid or payable under a prescribed Act,
(iii) section 20 (l) (v.1),
(iv) section 69 (6), and
(v) section 69 (7)
of the federal Act had not been enacted, and
(b) as though tax payable in respect of the taxation year under the Mineral Tax Act or any other prescribed Act were deductible in computing the amount determined under section 125 (1) (a) of the federal Act;
"adjusted taxable income", in relation to a taxpayer for a taxation year, means the amount that would be the taxpayer's taxable income for the year if that amount were calculated
(a) as though
(i) section 12 (1) (o) and (z.5),
(ii) section 18 (l) (m), except as that paragraph applies to an amount paid or payable under a prescribed Act,
(iii) section 20 (l) (v.1),
(iv) section 69 (6), and
(v) section 69 (7)
of the federal Act had not been enacted, and
(b) as though tax payable in respect of the taxation year under the Mineral Tax Act or any other prescribed Act was deductible in computing the taxpayer's taxable income;
"notional tax", in relation to a taxpayer for a taxation year, means
(a) if the taxpayer is an individual, the tax that would be payable under this Part by the individual for the taxation year if the individual's taxable income for the taxation year were the individual's notional taxable income for the taxation year,
(b) if the taxpayer is a corporation, other than a corporation that was, throughout the taxation year, a Canadian-controlled private corporation, the tax that would be payable under section 14 (2) [corporation income tax] by the corporation for the taxation year if the corporation's taxable income for the taxation year were the corporation's notional taxable income for the taxation year, and
(c) if the taxpayer is a corporation that was, throughout the taxation year, a Canadian-controlled private corporation, the tax that would be payable under section 16 (1) [small business rate] by the corporation for the taxation year if
(i) the corporation's taxable income for the taxation year were the corporation's notional taxable income for the taxation year, and
(ii) the amount that would be determined under section 125 (1) (a) of the federal Act for the corporation for the taxation year were the adjusted active income of the corporation for the taxation year;
"notional taxable income", in relation to a taxpayer for a taxation year, means the amount, if any, by which
(a) the aggregate of all amounts, each of which is the adjusted taxable income of the taxpayer for the taxation year and for all preceding taxation years ending after May 5, 1973,
exceeds
(b) the amount determined under paragraph (a) for the immediately preceding taxation year.
(2) If
(a) the tax otherwise payable by a taxpayer for a taxation year
is greater than
(b) the notional tax of the taxpayer for the taxation year,
the difference must be deducted from the tax otherwise payable by the taxpayer for the taxation year.
(3) If
(a) the notional tax of a taxpayer for a taxation year
is greater than
(b) the tax otherwise payable by the taxpayer for the taxation year,
the difference must be added to the tax otherwise payable by the taxpayer for the taxation year.
(4) For the purpose of subsections (2) and (3), in calculating the notional tax for the year or for any preceding year, a taxpayer must include as income, to the extent not otherwise included in calculating income for the year or the preceding year, the amounts received or receivable from a government, municipality, Crown corporation or other public authority in respect of exploration and development for natural gas.
(5) For the purpose of subsection (4), an amount received or receivable from a government, municipality, Crown corporation or other public authority in respect of exploration and development includes a grant, credit, subsidy, forgivable loan, deduction from royalty or tax, amounts under a royalty tax credit program of any province, investment allowance or other form of assistance or benefit that is related to or dependent on an outlay or expense made or incurred, or deemed to be made or incurred, by the taxpayer that would qualify as Canadian exploration expense or Canadian development expense, under section 66.1 (6) or 66.2 (5) of the federal Act.
(5.1) For the purposes of determining notional tax for a taxpayer that is a corporation, a reference to taxable income
(a) in the federal regulations, when determining the taxable income earned in the year in British Columbia, as defined in section 13.3 of this Act, for the purposes of section 14 (2) and 16 (1) of this Act, and
(b) in section 125 (1) (b) of the federal Act, when determining the amount under that section for the purposes of section 16 (1) of this Act
must be read as a reference to notional taxable income.
(6) In subsection (7):
"Nisg̱a'a Final Agreement" has the same meaning as in the Nisg̱a'a Final Agreement Act;
"Nisg̱a'a Lands" has the same meaning as in the Nisg̱a'a Final Agreement;
"Nisg̱a'a Lisims Government" has the same meaning as in the Nisg̱a'a Final Agreement.
(7) There must be deducted from the tax otherwise payable by the taxpayer under this Part for a taxation year the amount, if any, by which
(a) the tax otherwise payable for the year by the taxpayer under this Part
exceeds
(b) the tax that would be payable for the year under this Part if the taxpayer's taxable income under this Part for the year were reduced by the amounts paid or payable in the year by the taxpayer to the Nisg̱a'a Lisims Government under paragraph 20 of the Lands Chapter of the Nisg̱a'a Final Agreement as royalties in respect of mineral resources on or under Nisg̱a'a Lands.
(8) A taxpayer must not make a deduction under subsection (7) in respect of any portion of the royalties referred to in paragraph (b) of that subsection if the taxpayer has otherwise deducted that portion from taxable income for a taxation year.
Section 20.1 was added by 2016-3-31, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
Section 20.1 (2) (c) BEFORE amended by 2018-4-26, effective March 15, 2018 (Royal Assent).
(c) the gift is made after February 16, 2016 and before January 1, 2019;
Section 20.1 (2) (c) BEFORE amended by 2019-7-11, effective April 11, 2019 (Royal Assent).
(c) the gift is made after February 16, 2016 and before January 1, 2020;
Section 20.1 (2) (c) BEFORE amended by 2020-18-19, effective August 14, 2020 (Royal Assent).
(c) the gift is made after February 16, 2016 and before January 1, 2021;
Section 20.1 (2) (c) BEFORE amended by 2023-23-65, effective May 11, 2023 (Royal Assent).
(c) the gift is made after February 16, 2016 and before January 1, 2024;
Section 21 (1) definition of "venture capital tax credit" BEFORE amended by 2003-8-27(a), effective March 28, 2003 (BC Reg 146/2003).
"venture capital tax credit" means a credit in respect of which a taxpayer has been issued a certificate under section 20 (4) of the Small Business Venture Capital Act.
Section 21 (1) definition of "venture capital tax credit certificate" was added by 2003-8-27(b), effective March 28, 2003 (BC Reg 146/2003).
Section 21 (3), (5) and (6) BEFORE amended by 2003-23-28(a), effective April 10, 2003 (Royal Assent).
(3) If the amount of tax otherwise payable under this Act for a taxation year by a taxpayer who is an individual is less than the amount of the deduction under subsection (2), the Provincial minister may pay to the taxpayer an amount equal to the lesser of
(5) If, in any year referred to in subsection (4), a taxpayer who is an individual has, after making the deduction under that subsection, not deducted all of the unused venture capital tax credit referred to in that subsection, the Provincial minister must pay to that taxpayer an amount equal to the lesser of
(6) If an individual who has been issued a venture capital tax credit certificate dies and, at the time of his or her death, has not deducted the full amount of the credit to which he or she is entitled under subsection (2), (3), (4) or (5), the Provincial minister must pay to the estate of that deceased individual an amount equal to the amount that has not been so deducted.
Section 21 (13) BEFORE amended by 2003-23-28(b), effective April 10, 2003 (Royal Assent).
(13) If, under a collection agreement made under section 69, the government of Canada would permit deductions from income tax payable by taxpayers under the federal Act of amounts payable by the Provincial minister under subsection (3), (5) or (6), or will pay to taxpayers amounts payable by the Provincial minister under subsection (3), (5) or (6), the Provincial minister must make payments to the government of Canada for the amount of the deductions and payments that are permitted or made by the government of Canada under the agreement.
Section 21 (15) BEFORE amended by 2003-23-25, effective April 10, 2003 (Royal Assent).
(15) Without limiting any provision of this or any other enactment, the Provincial minister and the minister responsible for the administration of the Small Business Venture Capital Act may
Section 21 (1) definition of "convertible right" was added by 2019-7-12(a), effective March 2, 2019 [retro from April 11, 2019 (Royal Assent)].
Section 21 (1) definition of "venture capital tax credit" BEFORE amended by 2019-7-12(b), effective March 2, 2019 [retro from April 11, 2019 (Royal Assent)].
"venture capital tax credit" means the aggregate of the tax credit amounts shown on all venture capital tax credit certificates issued
(a) to a taxpayer that is a corporation, for share purchases made during a taxation year, or
(b) to a taxpayer who is an individual, for
(i) share purchases made during a calendar year, and
(ii) if the taxpayer makes and files an election under subsection (16), share purchases made within the first 60 days after the end of a calendar year;
Section 21 (16) BEFORE amended by 2019-7-12(c), effective March 2, 2019 [retro from April 11, 2019 (Royal Assent)].
(16) An individual taxpayer may make, and file with the minister, an election, in the form and containing the information required by the Commissioner of Income Tax, to treat a share purchase made within the first 60 days after the end of a calendar year as having been made in the immediately preceding calendar year and not in the calendar year of purchase, in which case the purchase is deemed to have been made in that immediately preceding calendar year.
Section 21 (2) (b) BEFORE amended by 2019-7-13, effective January 1, 2019 [retro from April 11, 2019 (Royal Assent)].
Section 21 (3) (b) BEFORE amended by 2019-7-13, effective January 1, 2019 [retro from April 11, 2019 (Royal Assent)].
Section 21 (4) (c) BEFORE amended by 2019-7-13, effective January 1, 2019 [retro from April 11, 2019 (Royal Assent)].
Section 21 (5) (b) BEFORE amended by 2019-7-13, effective January 1, 2019 [retro from April 11, 2019 (Royal Assent)].
Section 21 (7) BEFORE amended by 2019-7-13, effective January 1, 2019 [retro from April 11, 2019 (Royal Assent)].
(7) The maximum aggregate of all amounts that may be deducted by the taxpayer or paid to the taxpayer under subsection (2), (3), (4) or (5) in any year must not exceed $60 000.
Section 21 (11) BEFORE amended by 2019-7-14, effective March 28, 2003 [retro from April 11, 2019 (Royal Assent)].
(11) A taxpayer who is entitled to a deduction or payment under this section must file with his or her annual return for any taxation year in respect of which a deduction or payment under this section applies, a copy of the certificate issued by the administrator under section 20 (4) of the Small Business Venture Capital Act.
Section 21 (11) BEFORE amended by 2019-7-15, effective January 1, 2019 [retro from April 11, 2019 (Royal Assent)].
(11) A taxpayer who is entitled to a deduction or payment under this section must file with the taxpayer's annual return for any taxation year in respect of which a deduction or payment under this section applies a copy of the venture capital tax credit certificate issued to that taxpayer.
Section 21 (6) BEFORE amended by 2023-10-317, effective March 30, 2023 (Royal Assent).
(6) If an individual who has been issued a venture capital tax credit certificate dies and, at the time of his or her death, has not deducted the full amount of the credit to which he or she is entitled under subsection (2), (3), (4) or (5), the minister must pay to the estate of that deceased individual an amount equal to the amount that has not been so deducted.
Section 21 (2) (b) BEFORE amended by 2025-10-6, effective January 1, 2025 [retro from May 29, 2025 (Royal Assent)].
Section 21 (3) (b) BEFORE amended by 2025-10-6, effective January 1, 2025 [retro from May 29, 2025 (Royal Assent)].
Section 21 (4) (c) BEFORE amended by 2025-10-6, effective January 1, 2025 [retro from May 29, 2025 (Royal Assent)].
Section 21 (5) (b) BEFORE amended by 2025-10-6, effective January 1, 2025 [retro from May 29, 2025 (Royal Assent)].
Section 21 (7) BEFORE amended by 2025-10-6, effective January 1, 2025 [retro from May 29, 2025 (Royal Assent)].
(7) The maximum aggregate of all amounts that may be deducted by the taxpayer or paid to the taxpayer under subsection (2), (3), (4) or (5) in any year must not exceed $120 000.
Section 25 (1), and (2) BEFORE amended by 2001-3-21, effective January 1, 1994 [retro from March 29, 2001 (Royal Assent)].
(1) This section applies to each mining reclamation trust if the mine to which it relates is located in British Columbia.
(2) For each taxation year, a mining reclamation trust must pay tax equal to 16.5% of its income that is subject to tax under Part XII.4 of the federal Act for that taxation year, and for these purposes Part XII.4 of the federal Act applies.
Section 25 (2) BEFORE amended by 2001-34-13, effective January 1, 2002.
(2) For each taxation year, a qualifying environmental trust must pay tax equal to 16.5% of its income that is subject to tax under Part XII.4 of the federal Act for that taxation year, and for these purposes Part XII.4 of the federal Act applies.
Section 25 (3), and (5) BEFORE changes were made by 2001-3-21, effective February 23, 1994 [retro from March 29, 2001 (Royal Assent)].
(3) A taxpayer who is a beneficiary of a mining reclamation trust may deduct from the tax otherwise payable under this Part for a particular taxation year of the taxpayer an amount not exceeding the tax credit calculated as the total of paragraphs (a) and (b) as follows:
(a) all amounts, each of which is an amount determined by the following formula:
| amount = trust tax X | beneficiary's income |
| trust income |
if
| trust tax | = | the tax payable under subsection (2) by a mining reclamation trust for the taxation year of the trust that ends in the particular taxation year of the taxpayer; |
| beneficiary's income | = | the amount, if any, by which the total of all amounts in respect of the trust that, by application of section 107.3 (1) of the federal Act, are included in calculating the taxpayer's income for the particular taxation year, other than amounts included because of being a member of a partnership, exceeds the total of all amounts in respect of the trust that, by application of section 107.3 (1) of the federal Act, are deducted in calculating the taxpayer's income for the particular taxation year; |
| trust income | = | the trust's income for the trust's taxation year, calculated without reference to sections 104 (4) to (31) and 105 to 107 of the federal Act; |
(b) in respect of each partnership of which the taxpayer was a member, the total of all amounts each of which is the amount that can reasonably be considered to be the taxpayer's share of the relevant credit in respect of the partnership.
(5) If all or part of the tax credit under subsection (3) remains unused after the deduction under that subsection,
(a) the remaining amount may be applied as a credit against taxes payable by the taxpayer under the federal Act for the taxation year to which the tax credit relates, if that application is permitted by a collection agreement under section 69, and
(b) if there is any amount remaining unapplied after the deduction under subsection (3) and, if applicable, under paragraph (a) of this subsection, the minister must pay to the taxpayer the amount remaining.
Section 25 (6), and (7) BEFORE repealed by 2001-3-21, effective February 23, 1994 [retro from March 29, 2001 (Royal Assent)].
(6) If, under a collection agreement under section 69, the government of Canada would permit deductions from income tax payable by taxpayers under the federal Act of amounts payable by the Provincial minister under subsection (5), or will pay to taxpayers amounts payable by the Provincial minister under subsection (5), the Provincial minister must make payments to the government of Canada for the amount of the deductions and payments that are permitted or made by the government of Canada under the agreement.
(7) If a taxpayer is permitted to make deductions or receive a payment in accordance with a collection agreement made under section 69, the deduction or payment is in place of payments to which the taxpayer would otherwise be entitled under subsection (5) and the taxpayer is not entitled to payment under that subsection.
Section 25 (2) BEFORE amended by 2005-38-1, effective July 1, 2005 [retro from November 24, 2005 (Royal Assent)].
(2) For each taxation year, a qualifying environmental trust must pay tax equal to 13.5% of its income that is subject to tax under Part XII.4 of the federal Act for that taxation year, and for these purposes Part XII.4 of the federal Act applies.
Section 25 (2) BEFORE amended by 2008-10-43, effective July 1, 2008.
(2) For each taxation year, a qualifying environmental trust must pay tax equal to 12% of its income that is subject to tax under Part XII.4 of the federal Act for that taxation year, and for these purposes Part XII.4 of the federal Act applies.
Section 25 (2) BEFORE amended by 2009-4-21, effective January 1, 2010.
(2) For each taxation year, a qualifying environmental trust must pay tax equal to 11% of its income that is subject to tax under Part XII.4 of the federal Act for that taxation year, and for these purposes Part XII.4 of the federal Act applies.
Section 25 (2) BEFORE amended by 2009-4-22, effective January 1, 2011.
(2) For each taxation year, a qualifying environmental trust must pay tax equal to 10.5% of its income that is subject to tax under Part XII.4 of the federal Act for that taxation year, and for these purposes Part XII.4 of the federal Act applies.
Section 25 (2) BEFORE amended by 2013-17-26, effective April 1, 2013 [retro from July 25, 2013 (Royal Assent].
(2) For each taxation year, a qualifying environmental trust must pay tax equal to 10% of its income that is subject to tax under Part XII.4 of the federal Act for that taxation year, and for these purposes Part XII.4 of the federal Act applies.
Section 25 (3) BEFORE amended by 2015-8-27, effective February 23, 1994 [retro from March 5, 2015 (Royal Assent)].
(3) A taxpayer who is a beneficiary of a qualifying environmental trust may claim for a particular taxation year of the taxpayer an amount not exceeding the tax credit calculated as the total of paragraphs (a) and (b) as follows:
(a) all amounts, each of which is an amount determined by the following formula
![]() | ||
| if | ||
| trust tax | = | the tax payable under subsection (2) by a mining reclamation trust for the taxation year of the trust that ends in the particular taxation year of the taxpayer; |
| beneficiary's income | = | the amount, if any, by which |
| the total of all amounts in respect of the trust that, by application of section 107.3 (1) of the federal Act, are included in calculating the taxpayer's income for the particular taxation year, other than amounts included because of being a member of a partnership, | ||
| exceeds | ||
| the total of all amounts in respect of the trust that, by application of section 107.3 (1) of the federal Act, are deducted in calculating the taxpayer's income for the particular taxation year; | ||
| trust income | = | the trust's income for the trust's taxation year, calculated without reference to sections 104 (4) to (31) and 105 to 107 of the federal Act; |
(b) in respect of each partnership of which the taxpayer was a member, the total of all amounts each of which is the amount that can reasonably be considered to be the taxpayer's share of the relevant credit in respect of the partnership.
Section 25 (2) BEFORE amended by 2017-12-48, effective January 1, 2018.
(2) For each taxation year, a qualifying environmental trust must pay tax equal to 11% of its income that is subject to tax under Part XII.4 of the federal Act for that taxation year, and for these purposes Part XII.4 of the federal Act applies.
Section 25.1 (1) (f.2), was added to the definition of "excluded expense" by 2001-34-14, effective July 31, 2001 [retro from August 16, 2001 (Royal Assent)].
Section 25.1 (1) (f.2) and (g) of the definition of "excluded expense" BEFORE amended by 2003-6-1(a), effective April 1, 2003.
(f.2) an amount that, under an agreement described in section 66 (12.6) of the federal Act and made after July 30, 2001, is renounced in accordance with that section, in respect of an expense incurred after July 30, 2001 and before January 1, 2004,
(g) the taxpayer's share of any outlay or expense incurred by a partnership, or
Section 25.1 (1) (b) of the definition of "eligible taxpayer" BEFORE amended by 2001-3-22, effective March 29, 2001 (Royal Assent).
(b) a corporation that is subject to tax under section 2 (2), other than a corporation that
Section 25.1 (1) (e.1) was added to the definition of "excluded expense" by 2001-3-22, effective March 29, 2001 (Royal Assent).
Section 25.1 (1) (b) in the definition of "qualified mining exploration expense" by 2003-6-1, effective March 12, 2003 (Royal Assent).
(b) after July 31, 1998 and before August 1, 2003,
Section 25.1 (2) and (4) BEFORE amended by 2003-6-1(c) and (d), effective April 1, 2003.
(2) Subject to subsection (3), an eligible taxpayer who has incurred qualified mining exploration expenses in a taxation year may claim a mining exploration tax credit under this section for the taxation year.
(4) The amount of the tax credit that may be claimed by an eligible taxpayer for a taxation year under this section is 20% of the amount by which
Section 25.1 (9) BEFORE amended by 2003-23-29(b), effective April 10, 2003 (Royal Assent).
(9) Without limiting any provision of this or any other enactment, the Provincial minister and the minister responsible for the administration of the Ministry of Energy, Mines and Petroleum Resources Act may
Section 25.1 (9) BEFORE amended by 2002-26-6, effective June 20, 2003 (BC Reg 232/2003).
(9) Without limiting any provision of this or any other enactment, the Provincial minister, the federal minister, if a collection agreement is in effect, and the minister responsible for the administration of the Ministry of Energy, Mines and Petroleum Resources Act may
Section 25.1 (1) definition of "excluded expense", paragraph (f.2) BEFORE amended by 2004-40-17, effective January 1, 2004 [retro May 13, 2004 (Royal Assent).]
(f.2) an amount that, under an agreement described in section 66 (12.6) of the federal Act and made after July 30, 2001, is renounced in accordance with that section, in respect of an expense incurred after July 30, 2001 and before January 1, 2004, or
Section 25.1 (1) definition of "excluded expense", paragraph (f.2)(i) and (ii) BEFORE amended by 2005-5-18, effective January 1, 2005 [retro from March 3, 2005 (Royal Assent).]
(i) incurred after July 30, 2001 and before January 1, 2005, or
(ii) incurred after December 31, 2004 and before January 1, 2006 and to which section 66 (12.66) of the federal Act applies.
Section 25.1 (1) definition of "qualified mining exploration expense", paragraph (b) BEFORE amended by 2005-5-19, effective March 3, 2005 (Royal Assent).
(b) after July 31, 1998 and before August 1, 2006,
Section 25.1 (1) definition of "excluded expense" paragraph (f.2)(i) and (ii) BEFORE amended by 2006-2-8, effective January 1, 2006 [retro from March 28, 2006 (Royal Assent)].
(i) incurred after July 30, 2001 and before January 1, 2006, or
(ii) incurred after December 31, 2005 and before January 1, 2007 and to which section 66 (12.66) of the federal Act applies.
Section 25.1 BEFORE amended by 2007-2-23(a), effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
(2) Subject to subsection (3), an eligible taxpayer may claim a mining exploration tax credit for a taxation year equal to the total of
(a) the amount determined under subsection (4), and
(b) the amount equal to the total of all amounts each of which is an appropriate portion determined under subsection (4.1) in respect of a partnership of which the taxpayer was a member in the taxation year as provided for in that subsection.
Section 25.1 (1) (c) and (d) were added by 2007-2-23(a), effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
Section 25.1 (4.2) (b) and (c) BEFORE amended by 2007-2-23(b), effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
(b) in subsection (1), in the definition of "qualified mining exploration expense",
(i) the reference to "July 31, 1998" in paragraph (b) must be read as "March 31, 2003", and
(ii) the phrase "another person" must be read as "another person other than an eligible taxpayer that is a member of the partnership", and
(c) the amount is determined as if
(i) the partnership were a person,
(ii) its fiscal period were its taxation year, and
(iii) its filing-due date were its filing-due date for the year if it were a corporation.
Section 25.1 (4.2) (d) was added by 2007-2-23(b), effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
Section 25.1 (4.3) BEFORE amended by 2007-2-23(c), effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
(4.3) For the purposes of this section, the appropriate portion is that portion that may reasonably be considered to be the eligible taxpayer's share of 20% of the amount determined under subsection (4.1).
Section 25.1 (4.4), (4.5) and (4.6) were added by 2007-2-23(c), effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
Section 25.1 (1) definition of "excluded expense" paragraph (f.2) BEFORE amended by 2009-4-23, effective January 1, 2009 [retro from March 12, 2009 (Royal Assent)].
(f.2) an amount that, under an agreement described in section 66 (12.6) of the federal Act and made after July 30, 2001, is renounced in accordance with that section, in respect of an expense
(i) incurred after July 30, 2001 and before January 1, 2009, or
(ii) incurred after December 31, 2008 and before January 1, 2010 and to which section 66 (12.66) of the federal Act applies.
Section 25.1 (1) (f.2) (i) and (ii) in definition of "excluded expense" BEFORE amended by 2009-14-39, effective January 1, 2010.
(i) incurred after July 30, 2001 and before January 1, 2010, or
(ii) incurred after December 31, 2009 and before January 1, 2011 and to which section 66 (12.66) of the federal Act applies.
Section 25.1 (1) definition of "excluded expense" paragraph (f.2)(i) BEFORE amended by 2010-2-76(a), effective March 31, 2010 (Royal Assent).
(i) incurred after July 30, 2001 and before January 1, 2011, or
Section 25.1 (1) definition of "excluded expense" paragraph (f.2)(ii) BEFORE amended by 2010-2-76(b), effective March 31, 2010 (Royal Assent).
(ii) incurred after December 31, 2010 and before January 1, 2012 and to which section 66 (12.66) of the federal Act applies.
Section 25.1 (1) (f.2) (i) and (ii) BEFORE amended by 2014-4-22, effective January 1, 2014 [retro from March 24, 2014 (Royal Assent)].
(i) incurred after July 30, 2001 and before January 1, 2014, or
(ii) incurred after December 31, 2013 and before January 1, 2015 and to which section 66 (12.66) of the federal Act applies.
Section 25.1 (1) definition of "excluded expense", paragraphs (e.1) and (f.2)(ii) BEFORE amended by BC Reg 262/2014 under RS1996-440-12, effective December 22, 2014 (BC Reg 262/2014).
(e.1) an outlay or expense incurred by the taxpayer in the course of earning income in the taxation year if any of the income is exempt income, as defined in section 248 (1) of the federal Act, or is exempt from tax under Part 1 of the federal Act;
(ii) incurred after December 31, 2014 and before January 1, 2016 and to which section 66 (12.66) of the federal Act applies.
Section 25.1 (1) definition of "excluded expense", paragraph (f.2) BEFORE amended by 2015-9-21, effective January 1, 2015 [retro from March 25, 2015 (Royal Assent)].
(f.2) an amount that, under an agreement described in section 66 (12.6) of the federal Act and made after July 30, 2001, is renounced in accordance with that section, in respect of an expense
(i) incurred after July 30, 2001 and before January 1, 2015, or
(ii) incurred after December 31, 2014 and before January 1, 2016 and to which section 66 (12.66) of the federal Act applies, or
Section 25.1 (1) (f.2) (i) and (ii) in the definition of "excluded expense" BEFORE amended by 2016-3-32, effective January 1, 2016 [retro from March 10, 2016 (Royal Assent)].
(i) incurred after July 30, 2001 and before January 1, 2016, or
(ii) incurred after December 31, 2015 and before January 1, 2017 and to which section 66 (12.66) of the federal Act applies, or
Section 25.1 (1) (b) in the definition of "qualified mining" BEFORE amended by 2016-3-33, effective March 10, 2016 (Royal Assent).
Section 25.1 (7) BEFORE amended by 2016-3-34(a), effective January 1, 2017.
(7) A taxpayer is not entitled to a mining exploration tax credit in respect of a taxation year unless, within 36 months after the end of the taxation year, the taxpayer files the information and records required under subsection (6) with respect to the tax credit.
Section 25.1 definition of "excluded expense", paragraph (f.2) (i) and (ii) BEFORE amended by 2017-12-51, effective January 1, 2017 [retro from November 2, 2017 (Royal Assent)].
(i) incurred after July 30, 2001 and before January 1, 2017, or
(ii) incurred after December 31, 2016 and before January 1, 2018 and to which section 66 (12.66) of the federal Act applies, or
Section 25.1 definition of "excluded expense", paragraph (a) BEFORE amended by 2017-12-52, effective March 15, 2015 [retro from November 2, 2017 (Royal Assent)].
(a) a Canadian development expense within the meaning of section 66.2 (5) of the federal Act,
Section 25.1 definition of "qualified mining exploration expense", paragraph (c) BEFORE amended by 2017-12-52, effective March 15, 2015 [retro from November 2, 2017 (Royal Assent)].
(c) for the purpose of determining the existence, location, extent or quality of a mineral resource in British Columbia, including any expense incurred in the course of
(ii) carrying out geological, geophysical or geochemical surveys,
(iii) drilling by rotary, diamond, percussion or other methods, or
(iv) trenching, digging test pits and preliminary sampling, and
Section 25.1 (4.5) (b) BEFORE amended by 2017-12-52, effective March 15, 2015 [retro from November 2, 2017 (Royal Assent)].
(b) the reference to "British Columbia" in paragraph (c) must be read as "a prescribed area".
Section 25.1 (1) definition of "excluded expense", paragraph (f.2) BEFORE amended by 2018-4-27, effective January 1, 2018 [retro from March 15, 2018 (Royal Assent)].
(f.2) an amount that, under an agreement described in section 66 (12.6) of the federal Act and made after July 30, 2001, is renounced in accordance with that section, in respect of an expense
(i) incurred after July 30, 2001 and before January 1, 2018, or
(ii) incurred after December 31, 2017 and before January 1, 2019 and to which section 66 (12.66) of the federal Act applies, or
Section 25.1 (1) definition of "excluded expense" paragraph (f.3) was added by 2018-12-8, effective May 17, 2018 (Royal Assent).
Section 25.1 (1) definition of "excluded expense", paragraph (f.2) BEFORE amended by 2019-7-16, effective January 1, 2019 [retro from April 11, 2019 (Royal Assent)].
(f.2) an amount that, under an agreement described in section 66 (12.6) of the federal Act and made after July 30, 2001, is renounced in accordance with that section, in respect of an expense
(i) incurred after July 30, 2001 and before January 1, 2019, or
(ii) incurred after December 31, 2018 and before January 1, 2020 and to which section 66 (12.66) of the federal Act applies,
Section 25.1 (1) definition of "qualified mining exploration expense", paragraph (b) BEFORE amended by 2019-7-17, effective April 11, 2019 (Royal Assent).
Section 25.1 (7.2) was added by 2021-18-23, effective March 13, 2020 [retro from June 17, 2021 (Royal Assent)].
Section 25.1 (1.1) was added by 2023-23-66, effective June 29, 2021 [retro from May 11, 2023 (Royal Assent)].
Section 25.1 (1) definition of "mineral resource" BEFORE amended by 2024-13-77, effective February 23, 2024 [retro from April 25, 2024 (Royal Assent)].
"mineral resource" means a mineral resource within the meaning of section 248 (1) of the federal Act;
Section 29 (1.1) was added by 2003-23-30(a), effective January 1, 2000 [retro from April 10, 2003 (Royal Assent)].
Section 29 (2) was added and section 29 renumbered to 29(1) by 2001-34-15, effective July 31, 2001 [retro from August 16, 2001 (Royal Assent)].
Section 29 (2) BEFORE amended by 2003-23-30(b), effective April 10, 2003 (Royal Assent).
(2) In applying section 152 (6) of the federal Act for the purposes of this Act, the reference in paragraph (d) of that section to "subsection 127 (5)" must be read as a reference to section 4.721 (2) of this Act.
Section 29 BEFORE re-enacted by 2005-5-20, effective January 1, 2000 [retro from March 3, 2005 (Royal Assent)].
Application of federal provisions — returns of income and assessments of tax
29 (1) Sections 150, 150.1 (1) to (4), 151 and 152 (1), (1.2) and (2) to (8) of the federal Act apply for the purposes of this Act.
(1.01) In applying section 152 (4) of the federal Act for the purposes of this Act, that section must be read as including the following paragraph:
(c) in respect of a taxpayer that is a corporation, the assessment, reassessment or additional assessment is made
(i) as a consequence of a taxing authority
(A) determining or redetermining, under a law of a province that imposes a tax similar to the tax imposed under this Act, the corporation's taxable income earned in the province for the year if that determination or redetermination changes the proportion that the corporation's taxable income earned in the province for the year is to the corporation's taxable income for the year as calculated under the law of that province, or
(B) allocating or reallocating, under the Corporation Capital Tax Act, the corporation's net paid up capital for the year to a jurisdiction other than British Columbia, and
(ii) before the day that is the later of
(A) the latest day on which an assessment, reassessment or additional assessment may otherwise be made under this Act, and
(B) one year after the day that is the earlier of
(I) the day that the minister receives notification from the taxing authority of the action referred to in subparagraph (i), and
(II) the day that the minister receives notification from the corporation of the action referred to in subparagraph (i).
(1.02) In applying section 152 (4.01) of the federal Act for the purposes of this Act, the reference in that section to "paragraph (4) (a) or (b)" must be read as "paragraph (4) (a), (b) or (c)" and that section must be read as including the following paragraph:
(c) where paragraph (4) (c) applies to the assessment, reassessment or additional assessment, determining or redetermining the corporations taxable income earned in the year in British Columbia, as defined in section 13.3 of this Act.
(1.1) In applying section 152 (4.2) of the federal Act for the purposes of this Act, section 152 (4.2) (d) must be read as follows:
"(d) redetermine the amount, if any, deemed by section 8 (5) [refundable sales tax credit], 21 (10) [small business venture capital tax credit], 25 (5) [qualifying environmental trusts tax credit] or 25.1 (5) [mining exploration tax credit] of this Act to be paid or deducted on account of the taxpayer's tax payable under this Act for the year or deemed by section 10 (3) [BC Family Bonus] of this Act to be an overpayment on account of the taxpayer's liability under this Act for the year."
(2) In applying section 152 (6) of the federal Act for the purposes of this Act, the reference in paragraph (d) of that section to "subsection 127 (5)" must be read as a reference to section 4.721 (2), 99 (2) or 105 (1) of this Act.
Section 29 (2) (vii) was added by 2005-5-21, effective October 1, 2002 [retro from March 3, 2005 (Royal Assent)].
Section 29 (2.1) and (2.2) was added by 2005-5-22, effective May 13, 2004 [retro from March 3, 2005 (Royal Assent)].
Section 29 (4) was added by 2005-5-23, effective July 31, 2001 [retro from March 3, 2005 (Royal Assent)].
Section 29 (4) BEFORE amended by 2005-5-24, effective April 10, 2003 [retro from March 3, 2005 (Royal Assent)].
(4) In applying section 152 (6) of the federal Act for the purposes of this Act, the reference in paragraph (d) of that section to subsection 127 (5) must be read as a reference to section 4.721 (2) of this Act.
Section 29 (2) (b) (viii) was added by 2007-2-24(a), effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
Section 29 (3) (d) (i) (E) was added by 2007-2-24(b), effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
Section 29 (1) (d) BEFORE amended by 2010-18-6, effective January 1, 2000 [retro June 3, 2010 (Royal Assent)].
(d) subject to this section, section 152 (1), (1.2) and (2) to (8) [assessment].
Section 29 (2.1) (c) was renumbered paragraph (e) by 2010-18-8(a), effective March 12, 2009 [retro June 3, 2010 (Royal Assent)].
Section 29 (2.1) (e) (i) BEFORE amended by 2010-18-8(b), effective March 12, 2009 [retro June 3, 2010 (Royal Assent)].
(i) as a consequence of a taxing authority
Section 29 (2.2) and (2.2) (c) BEFORE amended by 2010-18-8(c) and (d), effective March 12, 2009 [retro June 3, 2010 (Royal Assent)].
(2.2) In applying section 152 (4.01) of the federal Act for the purposes of this Act, the reference in that section to "paragraph (4) (a) or (b)" must be read as "paragraph (4) (a), (b) or (c)" and that section must be read as including the following paragraph:
(c) where paragraph (4) (c) applies to the assessment, reassessment or additional assessment, determining or redetermining the corporation's taxable income earned in the year in British Columbia, as defined in section 13.3 of this Act.
Section 29 (3) BEFORE amended by 2010-18-9(a), effective January 1, 2005 [retro June 3, 2010 (Royal Assent)].
(3) In applying section 152 (4.2) of the federal Act for the purposes of this Act, section 152 (4.2) (d) must be read as follows:
Section 29 (3) (d) was renumbered to (b) by 2010-18-9(b), effective January 1, 2005 [retro June 3, 2010 (Royal Assent)].
Section 29 (2) (x) was added by 2012-20-1(a), effective April 1, 2012 [retro from May 31, 2012 (Royal Assent)].
Section 29 (3) (b) (i) (E) BEFORE re-enacted by 2012-20-1(b), effective April 1, 2012 [retro from May 31, 2012 (Royal Assent)].
(E) section 127 [training tax credits], or
Section 29 (3) (b) (i) (F) was added by 2012-20-1(b), effective April 1, 2012 [retro from May 31, 2012 (Royal Assent)].
Section 29 (3) (b) (ii) BEFORE amended by 2014-4-23, effective March 24, 2014 (Royal Assent).
(ii) deemed by section 10 (3) [BC Family Bonus] of this Act to be an overpayment on account of the taxpayer's liability under this Act for the year.
Section 29 (3) inset text of (b) (ii) BEFORE amended by 2018-12-9, effective July 1, 2018.
(ii) deemed by the following sections of this Act to be an overpayment on account of the taxpayer's liability under this Act for the year:
Section 29 (3) (b) (ii) BEFORE amended by 2019-7-18, effective July 1, 2020.
(ii) deemed by section 13.071 [BC early childhood tax benefit] of this Act to be an overpayment on account of the taxpayer's liability under this Act for the year.
Section 29 (2) (b) (i.3) was added by 2023-23-67(a), effective January 1, 2023 [retro from May 11, 2023 (Royal Assent)].
Section 29 (3) (b) (i) (A.3) was added by 2023-23-67(b), effective January 1, 2023 [retro from May 11, 2023 (Royal Assent)].
Section 29 (2) (b) (xi) was added by 2023-23-68, effective February 23, 2022 [retro from May 11, 2023 (Royal Assent)].
Section 29 (2.2) BEFORE amended by 2023-23-69, effective December 12, 2013 [retro from May 11, 2023 (Royal Assent)].
(2.2) In applying section 152 (4.01) of the federal Act for the purposes of this Act, the reference in that section to "paragraph (4) (a), (b) or (c)" must be read as "paragraph (4) (a), (b), (c) or (e)" and that section must be read as including the following paragraph:
(c) where paragraph (4) (e) applies to the assessment, reassessment or additional assessment, determining or redetermining the corporation's taxable income earned in the year in British Columbia, as defined in section 13.3 of this Act.
Section 29 (2.2) BEFORE amended by 2023-23-70, effective December 14, 2017 [retro from May 11, 2023 (Royal Assent)].
(2.2) In applying section 152 (4.01) of the federal Act for the purposes of this Act, the reference in that section to “paragraph (4) (a), (b), (b.1) or (c)” must be read as “paragraph (4) (a), (b), (b.1), (c) or (e)” and that section must be read as including the following paragraph:
(e) where paragraph (4) (e) applies to the assessment, reassessment or additional assessment, determining or redetermining the corporation's taxable income earned in the year in British Columbia, as defined in section 13.3 of this Act.
Section 29 (2.2) BEFORE amended by 2023-23-71, effective December 13, 2018 [retro from May 11, 2023 (Royal Assent)].
(2.2) In applying section 152 (4.01) of the federal Act for the purposes of this Act, the reference in that section to “paragraph (4) (a), (b), (b.1), (b.3) or (c)” must be read as “paragraph (4) (a), (b), (b.1), (b.3), (c) or (e) that section must be read as including the following paragraph:
(e) where paragraph (4) (e) applies to the assessment, reassessment or additional assessment, determining or redetermining the corporation's taxable income earned in the year in British Columbia, as defined in section 13.3 of this Act.
Section 29 (1) (b) BEFORE amended by 2024-13-78, effective January 1, 2024 [retro from April 25, 2024 (Royal Assent)].
Section 29 (1) (d) BEFORE amended by 2024-13-79, effective December 15, 2022 [retro from April 25, 2024 (Royal Assent)].
(d) subject to this section, section 152 (1), (1.2) and (2) to (9) [assessment].
Section 30 BEFORE amended by 2003-23-31, effective April 10, 2003 (Royal Assent).
30 (1) If a collection agreement is in effect, even though the normal reassessment period for a taxpayer in respect of a taxation year has elapsed, if the tax payable under Part I of the federal Act by the taxpayer for the year is reassessed, the Provincial minister must reassess or make additional assessments or assess tax, interest or penalties, as the circumstances require.
(2) Even though the normal reassessment period for a taxpayer in respect of a taxation year has elapsed, the Provincial minister may redetermine the amount, if any, deemed under section 10 to be an overpayment on account of the taxpayer's liability for tax for that year.
(3) If a taxpayer has filed the return required by section 29 for a taxation year and, within one year from the day on or before which the taxpayer was required by section 29 to file the return for that year, has amended the return by filing with the Provincial minister a form specified by the Provincial minister claiming a deduction from income under section 111 of the federal Act in respect of non-capital losses, net capital losses or restricted farm losses sustained in the taxation year immediately following that year, the Provincial minister must reassess the taxpayer's tax for the year.
Section 30 (2) BEFORE repealed by 2018-12-10, effective July 1, 2018.
(2) Even though the normal reassessment period for a taxpayer in respect of a taxation year has elapsed, the minister may redetermine the amount, if any, deemed under section 10 to be an overpayment on account of the taxpayer's liability for tax for that year.
Section 31 (2) was added [section 31 renumbered to 31(1)] by 2003-23-32, effective January 1, 2000 [retro from April 10, 2003 (Royal Assent)].
Section 32 (3) was added by 2003-23-33, effective January 1, 2000 [retro from April 10, 2003 (Royal Assent)].
Section 32 (2) BEFORE amended by 2016-5-43,Sch 5 and 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent)
(2) If, because of section 156.1 (2) or (3) of the federal Act, no installment is required to be made under section 155 or 156 of that Act by an individual for a particular taxation year, the requirements for payment of installments under subsection (1) of this section and section 31 of this Act do not apply to the individual for that year.
Section 33 (1) BEFORE amended by 2003-23-34, effective April 10, 2003 (Royal Assent).
(1) Section 157 (1), (2), (2.1) and (4) of the federal Act applies for the purposes of this Act.
Section 33 BEFORE re-enacted by 2010-18-10, effective January 1, 2008 [retro from June 3, 2010 (Royal Assent)].
Application of federal provision — payments by corporations
33 (1) Sections 157 (1), (2), (2.1) and (4) and 157.1 of the federal Act apply for the purposes of this Act.
(2) If a collection agreement is in effect, a corporation that pays amounts in respect of a taxation year calculated under section 157 (1) (a) (i), (ii) or (iii) of the federal Act and that is required to make payments under section 157 (1) of the federal Act, as it applies for the purposes of this Act, must pay amounts in respect of the year calculated under the same subparagraph as it applies for the purposes of this Act.
Section 33 (3) BEFORE amended by 2010-18-11, effective September 1, 2010.
(3) In applying section 157 (3) and (3.1) of the federal Act for the purposes of this Act, the reference in section 157 (3) (e) and (3.1) (c) to "subsection 125.4 (3), 125.5 (3), 127.1 (1) or 127.41 (3)" must be read as "section 25 (5), 25.1 (5), 84, 98, 113 or 127 of this Act".
Section 33 (3) BEFORE amended by 2023-23-72, effective January 1, 2019 [retro from May 11, 2023 (Royal Assent)].
(3) In applying section 157 (3) and (3.1) of the federal Act for the purposes of this Act, the reference in section 157 (3) (e) and (3.1) (c) to "subsection 125.4 (3), 125.5 (3), 127.1 (1) or 127.41 (3)" must be read as "section 25 (5), 25.1 (5), 84, 98, 113, 127 or 135 of this Act".
Section 33 (3) BEFORE amended by 2023-23-73, effective February 23, 2022 [retro from May 11, 2023 (Royal Assent)].
(3) In applying section 157 (3) and (3.1) of the federal Act for the purposes of this Act, the reference in section 157 (3) (e) and (3.1) (c) to "subsection 125.4 (3), 125.5 (3), 125.6 (2) or (2.1), 127.1 (1) or 127.41 (3)" must be read as "section 25 (5), 25.1 (5), 84, 98, 113, 127 or 135 of this Act".
Section 33 (3) BEFORE amended by 2025-10-7, effective January 1, 2022 [retro from May 29, 2025 (Royal Assent)].
(3) In applying section 157 (3) and (3.1) of the federal Act for the purposes of this Act, the reference in section 157 (3) (e) and (3.1) (c) to "subsection 125.4 (3), 125.5 (3), 125.6 (2) or (2.1), 127.1 (1) or 127.41 (3)" must be read as "section 25 (5), 25.1 (5), 84, 98, 113, 127, 135 or 276 of this Act".
Section 33 (3) BEFORE amended by 2025-10-8, effective March 28, 2023 [retro from May 29, 2025 (Royal Assent)].
(3) In applying section 157 (3) and (3.1) of the federal Act for the purposes of this Act, the reference in section 157 (3) (e) and (3.1) (c) to "subsection 125.4 (3), 125.5 (3), 125.6 (2) or (2.1), 127.1 (1), 127.41 (3) or 127.44 (2)" must be read as "section 25 (5), 25.1 (5), 84, 98, 113, 127, 135 or 276 of this Act".
Section 33 (3) BEFORE amended by 2025-10-9, effective January 1, 2024 [retro from May 29, 2025 (Royal Assent)].
(3) In applying section 157 (3) and (3.1) of the federal Act for the purposes of this Act, the reference in section 157 (3) (e) and (3.1) (c) to "subsection 125.4 (3), 125.5 (3), 125.6 (2) or (2.1), 127.1 (1), 127.41 (3), 127.44 (2), 127.45 (2) or 127.48 (2)" must be read as "section 25 (5), 25.1 (5), 84, 98, 113, 127, 135 or 276 of this Act".
Section 34 BEFORE amended by 2001-3-23, effective January 1, 2000 [retro from March 29, 2001 (Royal Assent)].
34 Sections 70 (2), 104 (2) and (23) (e), 156.1 (4), 158 to 160, 160.1 (1), (2.1) and (3), 160.2, 160.3 and 161 (1) to (7), (9) and (11) of the federal Act apply for the purposes of this Act.
Section 34 BEFORE amended by 2005-5-25, effective July 1, 2003 [retro from March 3, 2005 (Royal Assent)].
34 Sections 70 (2), 104 (2) and (23) (e), 156.1 (4), 158 to 160, 160.1 (1), (2.1) and (3), 160.2, 160.3, 161 (1) to (7), (9) and (11) and 161.1 of the federal Act apply for the purposes of this Act.
Section 34 BEFORE amended by 2008-10-48, effective May 1, 2008 (Royal Assent).
34 Sections 70 (2), 104 (2) and (23) (e), 156.1 (4), 158 to 160, 160.1 (1), (2.1) and (3), 160.2, 160.3, 161 (1) to (7), (9) and (11), 161.1 and 161.2 of the federal Act apply for the purposes of this Act.
Section 34 BEFORE amended by 2009-4-24, effective January 1, 2009 [retro from March 12, 2009 (Royal Assent)].
Section 34 BEFORE amended by 2016-3-35, effective January 1, 2016 [retro from March 10, 2016 (Royal Assent)].
Section 34 BEFORE amended by 2017-5-2, effective December 20, 2002 [retro from March 16, 2017 (Royal Assent)].
Section 34 BEFORE amended by 2024-13-80, effective June 22, 2023 [retro from April 25, 2024 (Royal Assent)].
Section 36 BEFORE amended by 2003-23-35, effective January 1, 2000 [retro from April 10, 2003 (Royal Assent)].
36 Despite section 161 (4) of the federal Act, as it applies for the purposes of this Act, if a collection agreement is in effect and a taxpayer is deemed under section 161 (4) of the federal Act to be liable to pay, in respect of his or her tax payable under Part I of the federal Act for a particular taxation year, a part or installment calculated by reference to an amount described in section 161 (4) (c) or (d) of the federal Act, the taxpayer is deemed for the purposes of section 161 (2) of the federal Act, as it applies for the purposes of this Act, to be liable to pay, in respect of his or her tax payable under this Act for the particular year, a part or installment calculated by reference to the same paragraph, as it applies for the purposes of this Act.
Section 36 BEFORE amended by 2016-5-43,Sch 5, effective March 10, 2016 (Royal Assent)
Amount on which installment calculated
36 Despite section 161 (4) or (4.01) of the federal Act, as it applies for the purposes of this Act, if a collection agreement is in effect and a taxpayer is deemed under section 161 (4) or (4.01) of the federal Act to be liable to pay, in respect of his or her tax payable under Part I of the federal Act for a particular taxation year, a part or installment calculated by reference to an amount described in section 161 (4) or (4.01) of the federal Act, the taxpayer is deemed for the purposes of section 161 (2) of the federal Act, as it applies for the purposes of this Act, to be liable to pay, in respect of his or her tax payable under this Act for the particular year, a part or installment calculated by reference to the same paragraph of section 161 (4) or (4.01) of the federal Act, as it applies for the purposes of this Act.
Section 36 BEFORE amended by 2023-10-318, effective March 30, 2023 (Royal Assent).
Amount on which instalment calculated
36 Despite section 161 (4) or (4.01) of the federal Act, as it applies for the purposes of this Act, if a collection agreement is in effect and a taxpayer is deemed under section 161 (4) or (4.01) of the federal Act to be liable to pay, in respect of his or her tax payable under Part I of the federal Act for a particular taxation year, a part or instalment calculated by reference to an amount described in section 161 (4) or (4.01) of the federal Act, the taxpayer is deemed for the purposes of section 161 (2) of the federal Act, as it applies for the purposes of this Act, to be liable to pay, in respect of his or her tax payable under this Act for the particular year, a part or instalment calculated by reference to the same paragraph of section 161 (4) or (4.01) of the federal Act, as it applies for the purposes of this Act.
Section 37 (2) BEFORE amended by 2003-23-36, effective April 10, 2003 (Royal Assent).
(2) If a collection agreement is in effect, the Provincial minister may refrain from levying or may reduce a penalty provided for in this section if the person who is liable to the penalty is required to pay a penalty under section 162 of the federal Act in respect of the same failure.
Section 37 (1) BEFORE amended by 2015-8-29, effective January 1, 2010 [retro from March 25, 2015 (Royal Assent)].
(1) Sections 162 (1) to (3), (5), (7) and (11) and 235 of the federal Act apply for the purposes of this Act.
Section 37 (1) BEFORE amended by 2015-8-30, effective January 1, 2011 [retro from March 25, 2015 (Royal Assent)].
(1) Sections 162 (1) to (3), (5), (7), (7.01), (7.02) and (11) and 235 of the federal Act apply for the purposes of this Act.
Section 37 (1) BEFORE amended by 2015-8-31, effective January 1, 2013 [retro from March 25, 2015 (Royal Assent)].
(1) Sections 162 (1) to (3), (5), (7), (7.01), (7.02), (7.2) and (11) and 235 of the federal Act apply for the purposes of this Act.
Section 37 (1) BEFORE amended by 2024-13-81, effective June 22, 2023 [retro from April 25, 2024 (Royal Assent)].
(1) Sections 162 (1) to (3), (5), (7), (7.01), (7.02), (7.2), (7.3) and (11) and 235 of the federal Act apply for the purposes of this Act.
Section 38 (1) BEFORE amended by 2001-3-24, effective March 29, 2001 (Royal Assent).
38 (1) Section 163 (1) and (2) (a) of the federal Act, as they would apply without the references to section 120 (2) of the federal Act, and section 163 (2.1), (3) and (4) of the federal Act apply for the purposes of this Act.
Section 38 (1) BEFORE amended by 2005-5-26(a), effective October 1, 2002 [retro from March 3, 2005 (Royal Assent)].
(1) Section 163 (1) and (2) (a), (c), (d), (e) and (f) of the federal Act applies for the purposes of this Act except that, in addition to any other necessary modifications, section 163 (2) of the federal Act is to be read without the references to section 120 (2) and as though
Section 38 (1) (e) was added by 2005-5-26(b), effective October 1, 2002 [retro from March 3, 2005 (Royal Assent)].
Section 38 (2) BEFORE amended by 2003-23-36, effective April 10, 2003 (Royal Assent).
(2) If a collection agreement is in effect, the Provincial minister may refrain from levying or may reduce a penalty provided for in this section if the person who is liable to the penalty is required to pay a penalty under section 163 of the federal Act in respect of the same failure or the same false statement or omission, as the case may be.
Section 38 (1) BEFORE amended by 2007-2-25(a), effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(1) Section 163 (1) and (2) (a), (c) and (d) to (g) of the federal Act applies for the purposes of this Act except that, in addition to any other necessary modifications, section 163 (2) of the federal Act is to be read without the references to section 120 (2) and as though
Section 38 (1) (a.1) was added by 2007-2-25(b), effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
Section 38 (1) BEFORE amended by 2008-10-49, effective May 1, 2008 (Royal Assent).
(1) Section 163 (1) and (2) (a), (c), (c.2) and (d) to (g) of the federal Act applies for the purposes of this Act except that, in addition to any other necessary modifications, section 163 (2) of the federal Act is to be read without the references to section 120 (2) and as though
Section 38 (1.01) was added by 2008-10-50, effective March 31, 2008 [retro from May 1, 2008 (Royal Assent)].
Section 38 (1.01) BEFORE amended by 2010-18-12, effective September 1, 2010.
(1.01) In applying section 163 (2) of the federal Act for the purposes of this Act, that section must be read as including the following paragraph:
Section 38 (1) (a) BEFORE amended by 2014-4-24, effective March 24, 2014 (Royal Assent).
(a) a reference in section 163 (2) (c) of the federal Act to "subsection 122.61 (1)" were to section 10 (3) of this Act,
Section 38 (1) (part) BEFORE amended by 2018-12-11, effective June 22, 2016 [retro from May 17, 2018 (Royal Assent)].
(1) Section 163 (1) and (2) of the federal Act applies for the purposes of this Act except that, in addition to any other necessary modifications, section 163 (2) of the federal Act is to be read without the references to section 120 (2) and as though
Section 38 (1) (a) BEFORE amended by 2018-12-12, effective July 1, 2018.
(a) a reference in section 163 (2) (c) of the federal Act to "subsection 122.61 (1)" were to section 10 or 13.071 of this Act, as applicable,
Section 38 (1) (a) BEFORE amended by 2019-7-19, effective July 1, 2020.
(a) a reference in section 163 (2) (c) of the federal Act to "subsection 122.61 (1)" were to section 13.071 of this Act,
Section 38 (1.01) (j) was added by 2022-11-18, effective February 23, 2022 [retro from June 2, 2022 (Royal Assent)].
Section 38 (1.01) (h) was renumbered to (m) by 2023-23-74(a), effective January 1, 2019 [retro from May 11, 2023 (Royal Assent)].
Section 38 (1.01) (i) was renumbered to (n) by 2023-23-74(b), effective January 1, 2019 [retro from May 11, 2023 (Royal Assent)].
Section 38 (1.01) (j) was renumbered to (o) by 2023-23-75, effective February 23, 2022 [retro from May 11, 2023 (Royal Assent)].
Section 40 (1) BEFORE amended by 2001-3-25, effective March 16, 2001 [retro from March 29, 2001 (Royal Assent)].
40 (1) Section 164 (1) to (1.31) and (1.5) to (7) of the federal Act applies for the purposes of this Act.
Section 40 (1) (c) BEFORE amended by 2010-18-13(b), effective September 1, 2010.
(c) on or after mailing the notice of assessment for the year, refund, without application, any overpayment for the year, to the extent that the overpayment was not refunded under paragraph (a) or (b).
Section 40 (1) BEFORE amended by 2015-8-32, effective December 15, 2010 [retro from March 25, 2015 (Royal Assent)].
(1) If the return of a taxpayer's income for a taxation year has been made within 3 years from the end of the year, the minister may
(a) before mailing the notice of assessment for the year, where the taxpayer is an accredited production corporation or eligible production corporation as defined in section 79 of this Act and an amount is deemed under section 84 of this Act to have been paid on account of its tax payable under this Act for the year, refund all or part of any amount claimed in the return as an overpayment for the year, not exceeding the amount so deemed to have been paid,
(b) before mailing the notice of assessment for the year, where the taxpayer is a qualifying corporation as defined in section 97 of this Act and an amount is deemed under section 98 (2) of this Act to have been paid on account of its tax payable under this Act for the year, refund all or part of any amount claimed in the return as an overpayment for the year, not exceeding the amount so deemed to have been paid,
(b.1) before mailing the notice of assessment for the year, where the taxpayer is a corporation and an amount is deemed under section 135 of this Act to have been paid on account of its tax payable under this Act for the year, refund all or part of any amount claimed in the return as an overpayment for the year, not exceeding the amount so deemed to have been paid, and
(c) on or after mailing the notice of assessment for the year, refund, without application, any overpayment for the year, to the extent that the overpayment was not refunded under paragraphs (a) to (b.1).
Section 40 (1.1) BEFORE amended by 2023-23-76, effective April 11, 2020 [retro from May 11, 2023 (Royal Assent)].
(1.1) Section 164 (1) (b) to (1.31) and (1.5) to (7) of the federal Act applies for the purposes of this Act.
Section 42 (b) (i) BEFORE amended by 2002-19-18, effective April 1, 2002 [retro from April 11, 2002 (Royal Assent)].
(i) its taxable income earned in the year in British Columbia as defined in section 14 (1), or
Section 42 (2) (c) (ii) BEFORE amended by 2003-6-2, effective April 1, 2003.
(ii) the amount of the tax credit for a taxation year that, under section 25.1 (4), the taxpayer is deemed to have paid on account of the tax payable by that taxpayer for that taxation year under this Act.
Section 42 (3) (a) and (4) BEFORE amended by 2003-23-37, effective April 10, 2003 (Royal Assent).
(a) serving on the Provincial minister a notice of appeal in duplicate in the form specified by the Provincial minister, and
(4) A notice of appeal must be served on the Provincial minister by sending it by registered mail addressed to the deputy head.
Section 42 (2) (b) (iii) BEFORE amended by 2007-2-26, effective March 12, 2007 (Royal Assent).
(iii) the amount of the tax credit for a taxation year that, under section 84 or 98, the corporation is deemed to have paid on account of its tax payable for that year under this Act, and
Section 42 (2) (c) (iii) was added by 2007-2-27, effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
Section 42 (2) (b) (iii) BEFORE amended by 2010-18-14, effective September 1, 2010.
(iii) the amount of the tax credit for a taxation year that, under section 84, 98 or 113, the corporation is deemed to have paid on account of its tax payable for that year under this Act, and
Section 42 (2) (a) (i) BEFORE amended by 2014-4-25, effective March 24, 2014 (Royal Assent).
(i) the individual's residency for the purposes of section 2, section 10 or any other provision of this Act,
Section 42 (2) (a) BEFORE amended by 2018-12-13, effective July 1, 2018.
(a) in the case of an individual, to the determination of
(i) the individual's residency for the purposes of section 2, 10 or 13.071 or any other provision of this Act,
(ii) the individual's presence in British Columbia for the purposes of section 10 (2),
(ii.1) the amount that, under section 8.1 (3), the individual is deemed to have paid on account of the individual's tax payable under this Act for a taxation year,
(ii.2) the amount that, under section 8.2 (3), the individual is deemed to have paid on account of the individual's tax payable under this Act for a taxation year,
(iii) the amount that by section 9 (1) is deemed to be the individual's earned income or adjusted earned income,
(iii.1) the amount that, by section 11 (2), (3) or (4), is deemed to be the individual's adjusted income, or
(iv) the individual's income earned in the taxation year in British Columbia as defined in section 4 (1),
Section 42 (2) (a) (i) BEFORE amended by 2019-7-20, effective July 1, 2020.
(i) the individual's residency for the purposes of section 2 or 13.071 or any other provision of this Act,
Section 42 (2) (c) (iv) was added by 2022-11-19, effective February 23, 2022 [retro from June 2, 2022 (Royal Assent)].
Section 42 (5) BEFORE amended by 2023-10-319, effective March 30, 2023 (Royal Assent).
(5) The taxpayer appealing must set out in the notice of appeal a statement of the allegations of fact, the statutory provisions and the reasons that the taxpayer intends to submit in support of his or her appeal.
Section 42 (2) (a) (ii.3) was added by 2023-23-77, effective January 1, 2023 [retro from May 11, 2023 (Royal Assent)].
Section 43 (1) BEFORE amended by 2003-23-37, effective April 10, 2003 (Royal Assent).
(1) The Provincial minister must, within 60 days from the day the notice of appeal is received, or within a further time as the court may either before or after the expiration of that time allow, serve on the appellant and file in the court a reply to the notice of appeal admitting or denying the facts alleged and containing a statement of the further allegations of fact and of the statutory provisions and reasons the Provincial minister intends to rely on.
Section 47 BEFORE amended by 2003-23-38(a) and (b), effective April 10, 2003 (Royal Assent).
47 Sections 220, 221.1, 224, 225.1 and 225.2 of the federal Act apply for the purposes of this Act.
Section 47 (3) was added by 2006-2-9, effective November 17, 2005 [retro from March 28, 2006 (Royal Assent)].
Section 47 (3) BEFORE amended by 2007-2-28, effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(3) Despite subsection (1), the time periods set out in sections 4.721 (5), 25.1 (7), 85 (2), 103 (2), 110 (2) and 114 (2) of this Act must not be extended.
Section 47 (3) BEFORE amended by 2010-18-15, effective September 1, 2010.
(3) Despite subsection (1), the time periods set out in sections 4.721 (5), 25.1 (7), 85 (2), 103 (2), 110 (2), 114 (2) and 128 (2) of this Act must not be extended.
Section 47 (3) BEFORE amended by 2018-12-14, effective May 17, 2018 (Royal Assent).
(3) Despite subsection (1), the time periods set out in sections 4.721 (5), 25.1 (7), 85 (2), 103 (2), 110 (2), 114 (2), 128 (2) and 138 (2) of this Act must not be extended.
Section 47 (3) BEFORE amended by 2020-18-20, effective February 19, 2020 [retro from August 14, 2020 (Royal Assent)].
(3) Despite subsection (1), the time periods set out in sections 4.721 (5), 25.1 (7) and (7.1), 85 (2), 103 (2), 110 (2), 114 (2), 128 (2) and 138 (2) of this Act must not be extended.
Section 47 (3) BEFORE amended by 2023-23-78, effective February 23, 2022 [retro from May 11, 2023 (Royal Assent)].
(3) Despite subsection (1), the time periods set out in sections 4.721 (5), 25.1 (7) and (7.1), 85 (2) and (3), 103 (2), 110 (2), 114 (2), 128 (2) and 138 (2) of this Act must not be extended.
Section 48 (6) (b) BEFORE amended by 2020-18-21, effective August 14, 2020 (Royal Assent).
(b) a regulation that may be made under section 8.1 (8), 8.2 (8), 20 (8) or 96 (2.1), (2.2) or (2.3).
Section 48 (6) (b) BEFORE amended by 2024-13-82, effective October 18, 2022 [retro from April 25, 2024 (Royal Assent)].
(b) a regulation that may be made under section 4.722 (8), 8.1 (8), 8.2 (8) or 96 (2.1), (2.2) or (2.3).
Section 50 (2) BEFORE amended by 2003-23-39, effective April 10, 2003 (Royal Assent).
(2) If a collection agreement is in effect, subsection (1) does not apply, but the Provincial minister may proceed under section 223 of the federal Act for the purpose of collecting any amount payable under this Act by a taxpayer.
Section 51 (1) BEFORE amended by 2003-23-40, effective April 10, 2003 (Royal Assent).
(1) The Provincial minister may issue a warrant, directed to the sheriff of any county or district in which any property of the taxpayer is located, for the amount of the tax, interest and penalty, or any of them, owing by the taxpayer, together with interest from the date of the issue of the warrant and the costs, expenses and poundage of the sheriff.
Section 56 (2) and (3) BEFORE amended by 2003-23-40, effective April 10, 2003 (Royal Assent).
(2) The Provincial minister may assess
(3) If the Provincial minister sends a notice of assessment to a person referred to in subsection (2), sections 29 and 34 to 46 are applicable.
Section 56 (2) BEFORE amended by 2015-8-33, effective March 25, 2015 (Royal Assent).
(a) any person for any amount that has been deducted or withheld by that person under this Act or a regulation or under a provision of the federal Act or of the federal regulations that applies for the purposes of this Act, and
(b) any person for any amount payable by that person under section 224 (4) or (4.1), 227 (8), (8.3) to (9), (9.2), (9.4) or (9.5), 227.1 or 235 of the federal Act, as they apply for the purposes of this Act, or under section 60 of this Act.
Section 56 (1) BEFORE amended by 2020-18-22, effective August 14, 2020 (Royal Assent).
(1) Sections 153 (1) to (3) and 227 (1) to (5.2), (8), (8.2) to (9), (9.2), (9.4), (9.5), (10.2), (11) to (13) and (15) of the federal Act apply for the purposes of this Act.
Section 56 (1) BEFORE amended by 2021-18-24, effective March 25, 2020 [retro from June 17, 2021 (Royal Assent)].
(1) Sections 153 (1) to (3.1) and 227 (1) to (5.2), (8), (8.2) to (9), (9.2), (9.4), (9.5), (10.2), (11) to (13) and (15) of the federal Act apply for the purposes of this Act.
Section 58 (1) BEFORE amended by 2003-23-40, effective April 10, 2003 (Royal Assent).
(1) A person carrying on business in British Columbia and a person who is required under this Act to pay or collect taxes or other amounts must keep records and books of account, including an annual inventory kept in the manner specified by the Provincial minister, at the person's place of business or residence in Canada or at any other place that may be designated by the Provincial minister, in the form and including the information that will enable the taxes payable under this Act or the taxes or other amounts that should have been deducted, withheld or collected to be determined.
Section 59 BEFORE amended by 2001-3-26, effective March 16, 2001 [retro from March 29, 2001 (Royal Assent)].
59 Section 231 to 231.5, 232, 233 and 236 of the federal Act apply for the purposes of this Act.
Section 59 BEFORE amended by 2003-23-41, effective June 14, 2001 [retro from April 10, 2003 (Royal Assent)].
59 Section 231 to 231.5, 232, 233 (1) and 236 of the federal Act apply for the purposes of this Act.
Section 59 BEFORE amended by 2023-23-79, effective December 13, 2018 [retro from May 11, 2023 (Royal Assent)].
Section 59 BEFORE amended by 2023-23-80, effective June 29, 2021 [retro from May 11, 2023 (Royal Assent)].
Section 60 BEFORE repealed by 2015-8-34, effective March 25, 2015 (Royal Assent).
Penalty
60 (1) A person who fails to comply with a regulation made under section 221 (1) (d) or (e) of the federal Act as it applies under section 48 (3) of this Act is liable, in respect of each failure to comply, to a penalty of $10 a day for each day of default but not exceeding $2 500.
(2) A person who fails to comply with a regulation made under section 48 or incorporated by reference under section 48 (3) is liable to a penalty of $10 a day for each day of default but not exceeding $2 500.
Section 61 (3) BEFORE amended by 2015-8-35, effective March 25, 2015 (Royal Assent).
(3) If a person is convicted under this section for failure to comply with a provision of this Act or a regulation or a provision of the federal Act or of the federal regulations that applies for the purposes of this Act, the person is not liable to a penalty under section 227 (8), (9) or (9.5) of the federal Act, as those subsections apply for the purposes of this Act, or under section 60 for the same failure unless the person was assessed for that penalty or that penalty was demanded from the person before the information or complaint giving rise to the conviction was laid or made.
Section 62 BEFORE amended by 2005-5-27, effective March 3, 2005 (Royal Assent).
62 Section 239 (1) of the federal Act applies for the purposes of this Act.
Section 63 BEFORE amended by 2003-23-42, effective April 10, 2003 (Royal Assent).
63 If a collection agreement is entered into and proceedings under section 238 or 239 of the federal Act are taken against any person, the minister may take or refrain from any action against the person contemplated by section 61 or 62 of this Act, as the case may be.
Section 64 BEFORE re-enacted by 2001-3-27, effective March 29, 2001 (Royal Assent).
Communication of information
64 (1) A person who, while employed in the administration of this Act,
(a) knowingly communicates or knowingly allows to be communicated to any person not legally entitled to it any information obtained by or on behalf of the Provincial minister for the purposes of this Act,
(b) knowingly allows any person not legally entitled to it to inspect or to have access to any book, record, writing, return or other document obtained by or on behalf of the Provincial minister for the purposes of this Act, or
(c) knowingly uses, other than in the course of the person's duties in connection with the administration or enforcement of this Act, any information obtained by or on behalf of the Provincial minister for the purposes of this Act,
is guilty of an offence and liable on summary conviction to a fine not exceeding $5 000 or to imprisonment for a term not exceeding 12 months or to both a fine and imprisonment.
(2) Subsection (1) does not apply to the communication of information between
(a) the minister and the Provincial minister, or
(b) the minister, acting on behalf of British Columbia, and the Provincial minister, the Provincial Treasurer or the Provincial Secretary Treasurer of the government of
(i) an agreeing province, or
(ii) a non-agreeing province to which an adjusting payment may be made under section 73 (2).
(3) Subsection (1) does not apply to information disclosed in accordance with an information-sharing agreement or arrangement under section 65.
Section 64 (1) definition of "police officer" was added by 2003-23-43, effective June 14, 2001 [retro from April 10, 2003 (Royal Assent)].
Section 64 (1) in the definition "taxpayer information" in paragraph (a)(i) and (ii) BEFORE amended by 2003-23-44, effective April 10, 2003 (Royal Assent).
(i) by or on behalf of the Provincial minister, or
(ii) if a collection agreement has been entered into, by or on behalf of the Provincial Minister or the Minister of National Revenue or both, or
Section 64 (5) (d) (ii) BEFORE amended by 2003-2-36, effective April 4, 2003 (BC Reg 160/2003).
(ii) sections 9 (2), 17 and 18 of the Auditor General Act,
Section 64 (5) (c) (iv) BEFORE amended by 2003-23-45(b), effective April 10, 2003 (Royal Assent).
(iv) to an official of the Ministry of Finance and Corporate Relations, solely for the purposes of the formulation or evaluation of fiscal policy, or
Section 64 (5) (i.1) was added by 2003-23-45(c), effective June 14, 2001 [retro from April 10, 2003 (Royal Assent)].
Section 64 (6) (a) BEFORE amended by 2003-23-45(d), effective April 10, 2003 (Royal Assent).
(a) a public body, as defined in the Freedom of Information and Protection of Privacy Act, other than the Ministry of Finance and Corporate Relations,
Section 64 (8) BEFORE amended by 2004-64-20, effective October 21, 2004 (Royal Assent).
(8) To the extent of any inconsistency or conflict with sections 32 and 33 of the Freedom of Information and Protection of Privacy Act, this section applies despite that Act.
Section 64 (5) (i) (part) BEFORE amended by 2014-4-26, effective March 24, 2014 (Royal Assent).
if the purpose of the adjustment is to take into account the amount determined under section 10 (3) (a),
Section 64 (5) (c) BEFORE amended by 2018-4-28, effective March 15, 2018 (Royal Assent).
(c) provide taxpayer information
(i) to an official of the Department of Finance of the Government of Canada, solely for the purposes of the formulation or evaluation of fiscal policy,
(ii) to an official solely for the purposes of the initial implementation of a fiscal policy or for the purposes of the administration or enforcement of an Act of the Parliament of Canada that provides for the imposition and collection of a tax or duty,
(iii) to an official solely for the purposes of the administration or enforcement of an enactment of British Columbia or another province that provides for the imposition or collection of a tax or duty,
(iii.1) to an official of the ministry, solely for the purpose of monitoring the use of powers, the performance of duties and the exercise of discretion under this Act by the federal minister or the Commissioner of Customs and Revenue under a collection agreement,
(iii.2) to an official solely for the purposes of the administration or enforcement of Part 11.1 [Inspections, Audits and Assessments] of the Forest Act,
(iii.3) to an official solely for the purposes of the administration or enforcement of the Home Owner Grant Act, including for greater certainty a purpose set out in section 13.1 (3) (b) (ii) or (iii) or (c) of that Act, except in respect of court proceedings related to the Land Tax Deferment Act,
(iv) to an official of the ministry of the finance minister, solely for the purposes of the formulation or evaluation of fiscal policy, or
(v) to an official solely for the purposes of setting off against any sum of money that may be due or payable by the government of British Columbia a debt due to that government or to the government of another province or of Canada,
Section 64 (5) (i) BEFORE amended by 2018-12-16, effective July 1, 2018.
(i) provide taxpayer information to an official or a designated person solely for the purpose of permitting the making of an adjustment to
(i) a payment made on the basis of a means, needs or income test, or
(ii) a payment under an enactment of British Columbia in respect of a child within the meaning of the enactment,
if the purpose of the adjustment is to take into account the amount determined under section 10 (3) (a) or 13.071 (2) to (4),
Section 64 (5) (d) (i) BEFORE amended by 2019-7-21(b), effective April 11, 2019 (Royal Assent).
(i) sections 44 (2) and 61 (1) of the Freedom of Information and Protection of Privacy Act, or
Section 64 (5) (i) BEFORE amended by 2019-7-22, effective July 1, 2020.
(i) provide taxpayer information to an official or a designated person solely for the purpose of permitting the making of an adjustment to
(i) a payment made on the basis of a means, needs or income test, or
(ii) a payment under an enactment of British Columbia in respect of a child within the meaning of the enactment,
if the purpose of the adjustment is to take into account the amount determined under section 13.071 (2) to (4),
Section 64 (5) (c) (i.1) was added by 2020-19-17, effective May 1, 2020 [retro from August 14, 2020 (Royal Assent)].
Section 64 (5) (c) (i.2) was added by 2021-18-26, effective May 1, 2020 [retro from June 17, 2021 (Royal Assent)].
Section 64 (8) BEFORE amended by 2021-39-64, effective November 25, 2021 (Royal Assent).
(8) To the extent of any inconsistency or conflict with sections 32, 33, 33.1 and 33.2 of the Freedom of Information and Protection of Privacy Act, this section applies despite that Act.
Section 64 (2) (part) BEFORE amended by 2021-18-25(a), effective November 29, 2021 (BC Reg 301/2021).
(2) Except as authorized by this section, an official must not
Section 64 (5) (j) BEFORE amended by 2021-18-25(b), effective November 29, 2021 (BC Reg 301/2021).
(j) provide, or allow inspection of or access to, taxpayer information to or by any person otherwise legally entitled to it under an enactment of British Columbia solely for the purposes for which that person is entitled to the information.
Section 64 (5) (c) (iii.7) and (iii.8) were added by 2022-11-20, effective June 2, 2022 (Royal Assent).
Section 64 (5) (c) (iii.1) BEFORE amended by 2023-10-316, effective March 30, 2023 (Royal Assent).
(iii.1) to an official of the ministry, solely for the purpose of monitoring the use of powers, the performance of duties and the exercise of discretion under this Act by the federal minister or the Commissioner of Customs and Revenue under a collection agreement,
Section 64 (5) (c) (iii.3) and (iii.4) BEFORE amended by 2023-23-81, effective May 11, 2023 (Royal Assent).
(iii.3) to an official solely for the purposes of the administration or enforcement of the Home Owner Grant Act, including for greater certainty a purpose set out in section 13.1 (3) (b) or (c) of that Act,
(iii.4) to an official solely for the purposes of the administration or enforcement of the Land Tax Deferment Act, including for greater certainty a purpose set out in section 13.1 (3) (b) or (c) of that Act,
Section 65 (1) to (3) BEFORE amended by 2001-3-28, effective March 29, 2001 (Royal Assent).
(1) In this section, "information-sharing agreement" includes an arrangement and a data-matching agreement or arrangement, but does not include an agreement to share
(a) information obtained by the Provincial minister for the purposes of another Act administered by that minister, or
(b) information obtained by the Provincial minister under an agreement under this section, except an agreement with the government of Canada relating to income tax.
(2) With the prior approval of the Lieutenant Governor in Council, the Provincial minister may, for the purposes set out in subsection (3), enter into an information-sharing agreement with any of the following:
(a) the government of Canada or an agency of that government;
(b) the government of a province or other jurisdiction in Canada or an agency of that province or other jurisdiction;
(c) a public body as defined in the Freedom of Information and Protection of Privacy Act.
(3) An information-sharing agreement may be entered into for the purposes of
(a) the administration of this Act, the federal Act or an Act of another jurisdiction in Canada relating to income tax, or
(b) the administration of a social benefit program operated by a government, agency or public body referred to in subsection (2).
Section 65 (2) BEFORE amended by 2003-23-46(a), effective April 10, 2003 (Royal Assent).
(2) With the prior approval of the Lieutenant Governor in Council, the Provincial minister may enter into an information-sharing agreement with
Section 65 (3) and (4) BEFORE amended by 2003-23-46(b), effective April 10, 2003 (Royal Assent).
(3) Subject to subsection (3.1), taxpayer information obtained by the Provincial minister under an information-sharing agreement or under an agreement entered into under section 69 may only be used or disclosed for the purpose for which it was obtained under the applicable agreement.
(3.1) Subsection (3) does not prevent
(a) any taxpayer information obtained by the Provincial minister under an information-sharing agreement with the government of Canada or an agency of that government or under an agreement entered into under section 69 from being used or disclosed for the purpose of administering and enforcing an enactment administered by the Provincial minister that provides for the imposition and collection of a tax, or
(b) any taxpayer information obtained by the Provincial minister under an information-sharing agreement from being used or disclosed for the purpose of administering and enforcing an Act of the Parliament of Canada that provides for the imposition and collection of a tax or duty.
(4) The Lieutenant Governor in Council may prescribe terms and conditions that are to be included in information-sharing agreements entered into by the Provincial minister.
Section 65 (3.1) (a) BEFORE amended by 2004-49-73, effective September 1, 2004.
(a) any taxpayer information obtained by the Provincial minister or finance minister under an information-sharing agreement with the government of Canada or an agency of that government or under an agreement entered into under section 69 from being used or disclosed for the purpose of administering and enforcing an enactment administered by the Provincial minister or finance minister that provides for the imposition and collection of a tax, or
Section 65 (1) definition of "information-sharing agreement" paragraph (b) BEFORE amended by 2007-2-29, effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(b) information referred to in section 13.1 (5), 21 (15), 25.1 (9), 77.1 or 95 (2);
Section 65 (3.1) (a) BEFORE amended by 2010-18-17, effective June 3, 2010 (Royal Assent).
(a) any taxpayer information obtained by the Provincial minister or finance minister under an information-sharing agreement with the government of Canada or an agency of that government or under an agreement entered into under section 69 from being used or disclosed for the purpose of administering and enforcing an enactment administered by the Provincial minister or finance minister that provides for the imposition and collection of a tax or for the purpose of administering and enforcing the International Financial Business (Tax Refund) Act and the International Financial Activity Act, or
Section 65 (2) BEFORE amended by 2018-4-29, effective March 15, 2018 (Royal Assent).
(2) With the prior approval of the Lieutenant Governor in Council, the Provincial minister, the finance minister or, if a collection agreement is in effect, the federal minister may enter into an information-sharing agreement with
(a) the government of Canada or an agency of that government,
(b) the government of a province or other jurisdiction in Canada or an agency of that government, or
(c) a public body as defined in the Freedom of Information and Protection of Privacy Act.
Section 65 (1) definition of "information-sharing agreement", paragraph (b) BEFORE amended by 2019-6-1, effective April 11, 2019 (Royal Assent).
(b) information referred to in section 13.1 (5), 21 (15), 25.1 (9), 77.1, 95 (2) or 130;
Section 65 (3.1) (a) BEFORE amended by 2019-7-23, effective April 11, 2019 (Royal Assent).
(a) any taxpayer information obtained by the Provincial minister or finance minister under an information-sharing agreement with the government of Canada or an agency of that government or under an agreement entered into under section 69 from being used or disclosed for the purpose of administering and enforcing an enactment administered by the Provincial minister or finance minister that provides for the imposition and collection of a tax or for the purpose of administering and enforcing the International Financial Business (Tax Refund) Act, the International Business Activity Act or Part 11.1 of the Forest Act, or
Section 65 (3.1) (a) BEFORE amended by 2022-11-21, effective June 2, 2022 (Royal Assent).
(a) any taxpayer information obtained by the Provincial minister or finance minister under an information-sharing agreement with the government of Canada or an agency of that government or under an agreement entered into under section 69 from being used or disclosed for the purpose of administering and enforcing an enactment administered by the Provincial minister or finance minister that provides for the imposition and collection of a tax or for the purpose of administering and enforcing the Home Owner Grant Act, the Land Tax Deferment Act, the International Financial Business (Tax Refund) Act, the International Business Activity Act or Part 11.1 of the Forest Act, or
Section 68 (3), (5) and (6) BEFORE amended by 2003-23-47, effective April 10, 2003 (Royal Assent).
(3) For the purposes of this Act, anything sent by first class mail or its equivalent is deemed to have been received by the person to whom it is sent on the day that it was mailed, except that a remittance of an amount deducted or withheld as required by this Act or a regulation or by a provision of the federal Act or of the federal regulations that applies for the purposes of this Act is deemed to have been remitted on the day it is received by the Provincial minister.
(5) A certificate signed by the Provincial minister stating the amount of
(a) a taxpayer's income for the year as defined in section 4 (1), or
(b) a taxpayer's taxable income
is evidence of the amount of the taxpayer's income for the year or taxable income, as the case may be.
(6) If a collection agreement is entered into, any document or certificate that is executed or issued by the minister, the Commissioner of Customs and Revenue or an official of the Canada Customs and Revenue Agency on behalf or in place of the Provincial minister, his or her deputy or an officer of his or her ministry, is deemed for all purposes of this Act to be executed or issued by the Provincial minister, his or her deputy or an officer of his or her ministry.
Section 68 (6) BEFORE amended by 2023-10-316, effective March 30, 2023 (Royal Assent).
(6) If a collection agreement is entered into, any document or certificate that is executed or issued by the federal minister, the Commissioner of Customs and Revenue or an official of the Canada Customs and Revenue Agency on behalf or in place of the Provincial minister, the deputy Provincial minister or an officer of the ministry, is deemed for all purposes of this Act to be executed or issued by the Provincial minister, the deputy Provincial minister or an officer of the ministry.
Section 68 (6) BEFORE amended by 2023-23-82, effective May 11, 2023 (Royal Assent).
(6) If a collection agreement is entered into, any document or certificate that is executed or issued by the federal minister, the Commissioner of Revenue or an official of the Canada Customs and Revenue Agency on behalf or in place of the Provincial minister, the deputy Provincial minister or an officer of the ministry, is deemed for all purposes of this Act to be executed or issued by the Provincial minister, the deputy Provincial minister or an officer of the ministry.
Section 68.1 (1) definition of "tax consequences", paragraph (a), subparagraph (iii.1) was added by 2004-40-20, effective January 1, 2000 [retro from May 13, 2004 (Royal Assent).]
Section 68.1 (1) (a) (vi) in the definition of "tax consequences" BEFORE amended by 2002-19-19, effective April 1, 2002 [retro from April 11, 2002 (Royal Assent)].
(vi) taxable income earned in the year in British Columbia, within the meaning of section 14 (1), or
Section 68.1 (1) definition of "avoidance transaction" paragraph (d) BEFORE amended by 2006-17-6(a), effective March 30, 2006 (Royal Assent).
(d) to be a transaction that would not result, directly or indirectly, in a misuse of the provisions of this Act or an abuse having regard to the provisions of this Act, other than this section, read as a whole;
Section 68.1 (3) (d) BEFORE amended by 2006-17-6(b), effective March 30, 2006 (Royal Assent).
(d) the tax effects that would otherwise result from the application of other provisions of this Act may be ignored,
Section 68.1 (4) BEFORE amended by 2015-8-32, effective December 15, 2010 [retro from March 25, 2015 (Royal Assent)].
(4) If a notice of assessment, reassessment or additional assessment reflecting the application of subsection (2) to a transaction has been sent to a person, or a notice of determination under section 29 or 30 has been sent to the person, any other person is entitled, within 180 days after the date of the mailing of that notice, to request in writing that the minister make an assessment, reassessment or additional assessment applying subsection (2) of this section or make a determination applying section 29 or 30 with respect to the transaction.
Section 68.1 (1) definitions of "avoidance transaction" and "tax benefit" BEFORE amended by 2018-4-30(a), effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].
"avoidance transaction" means a transaction
(a) that, but for this section, would result, directly or indirectly, in a tax benefit, or
(b) that is part of a series of transactions, which series, but for this section, would result, directly or indirectly, in a tax benefit,
but does not include a transaction that may reasonably be considered
(c) to have been undertaken or arranged primarily for bona fide purposes other than for one or more of the following:
(ii) to reduce, avoid or defer a tax, or another amount payable as or in respect of tax, under any other federal or provincial Act;
(iii) to increase a refund of tax, or of another amount in respect of tax, under any other federal or provincial Act, or
(d) to be a transaction that would not result, directly or indirectly, in
(i) a misuse of the provisions of this Act or the regulations, or
(ii) an abuse having regard to those provisions, other than this section, read as a whole;
"tax benefit" means
(a) a reduction, avoidance or deferral of tax, or of another amount, payable under this Act, or
(b) an increase in a refund of tax, or of another amount, under this Act;
Section 68.1 (1) definition of "BC tax benefit" was added by 2018-4-30(a), effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].
Section 68.1 (2) BEFORE amended by 2018-4-30(b), effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].
(2) If a transaction is an avoidance transaction, the tax consequences to a person must be determined in a manner that is reasonable in the circumstances in order to deny a tax benefit that, but for this section, would result, directly or indirectly, from that transaction or from a series of transactions that includes that transaction.
Section 68.1 (2.1) and (3.1) were added by 2018-4-30(c), effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].
Section 68.1 (1) definition of "tax benefit", paragraph (c) was added by 2024-13-83(a), effective December 15, 2022 [retro from April 25, 2024 (Royal Assent)].
Section 68.1 (1) definition of "tax consequences", paragraph (c) was added by 2024-13-83(b), effective December 15, 2022 [retro from April 25, 2024 (Royal Assent)].
Section 69 BEFORE amended by 2003-23-48, effective April 10, 2003 (Royal Assent).
69 (1) The Provincial minister, with the approval of the Lieutenant Governor in Council, may, on behalf of the government of British Columbia, enter into a collection agreement with the government of Canada under which the government of Canada will collect taxes payable under this Act on behalf of British Columbia and will make payments to British Columbia for the taxes collected, under the terms and conditions of the collection agreement.
(2) The Provincial minister, with the approval of the Lieutenant Governor in Council, may, on behalf of the government of British Columbia, enter into an agreement amending the terms and conditions of a collection agreement.
(3) If a collection agreement is entered into, the minister, on behalf of or as agent for the Provincial minister, is authorized to use all the powers, to perform all the duties and to exercise any discretion that the Provincial minister or the deputy head has under this Act, including the discretion to refuse to permit the production in judicial or other proceedings in British Columbia of any document that it is not, in the opinion of the minister, in the interests of public policy to produce.
(4) If a collection agreement is entered into, the Commissioner of Customs and Revenue may
(a) use all the powers, perform the duties and exercise any discretion that the minister has under subsection (3) or otherwise under this Act, and
(b) designate officers of his or her agency to carry out functions, duties and powers similar to those that are exercised by them on his or her behalf under the federal Act.
Section 69 (5) (c) BEFORE amended by 2007-2-30, effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(c) respecting the collection and sharing of information under sections 13.1 (5), 21 (15), 25.1 (9), 77.1 (2) and 95 (2);
Section 69 (5) (a) and (b) BEFORE repealed by 2018-12-17, effective July 1, 2018.
(a) determining that a form is acceptable under section 11 (2) (b), (3) (b) or (4) (b);
Section 69 (4) BEFORE amended by 2023-10-316 and 320, effective March 30, 2023 (Royal Assent).
(4) If a collection agreement is entered into, the Commissioner of Customs and Revenue may
(a) use all the powers, perform the duties and exercise any discretion that the federal minister has under subsection (3) or otherwise under this Act, and
(b) designate officers of his or her agency to carry out functions, duties and powers similar to those that are exercised by them on his or her behalf under the federal Act.
Section 70 BEFORE amended by 2003-23-49, effective April 10, 2003 (Royal Assent).
70 (1) A collection agreement may provide that if any payment is received by the minister on account of tax payable by a taxpayer for a taxation year under this Act, the federal Act or an income tax statute of another agreeing province, or under any 2 or more of those statutes, the payment received may be applied by the minister toward the tax payable by the taxpayer under any of the statutes in the manner specified in the agreement, even though the taxpayer directed that the payment be applied in any other manner or made no direction for its application.
(2) Any payment or part of it applied by the minister under a collection agreement toward the tax payable by a taxpayer for a taxation year under this Act
(a) relieves the taxpayer of liability to pay the tax to the extent of the payment, and
(b) is deemed to have been applied in accordance with a direction made by the taxpayer.
Section 71 BEFORE amended by 2003-23-50, effective April 10, 2003 (Royal Assent).
If a collection agreement is in effect and an amount is remitted to the Commissioner under section 153 (1) of the federal Act, as it applies for the purposes of this Act, on account of the tax of an individual who is resident on the last day of the taxation year in another agreeing province,
Section 73 (2) and (3) BEFORE amended by 2003-23-51(a), effective April 10, 2003 (Royal Assent).
(2) If, in respect of a taxation year, a non-agreeing province is authorized to make a payment to British Columbia that, in the opinion of the Provincial minister, corresponds to an adjusting payment, the Lieutenant Governor in Council may authorize the Provincial minister to make an adjusting payment to that non-agreeing province and enter into any agreement that may be necessary to carry out the purposes of this section.
(3) If a collection agreement is entered into, the adjusting payment that may be made under subsection (2) may be made by the government of Canada if it has agreed to act on the direction of British Columbia as communicated by the Provincial minister to the minister.
Section 73 (3) and (8) (b) BEFORE amended by 2003-23-51(b), effective April 10, 2003 (Royal Assent).
(3) If a collection agreement is entered into, the adjusting payment that may be made under subsection (2) may be made by the government of Canada if it has agreed to act on the direction of British Columbia as communicated by the Provincial minister to the minister.
(b) is the amount calculated by the minister to be the amount required to be paid under subsection (4).
Section 75 BEFORE amended by 2003-23-52, effective April 10, 2003 (Royal Assent).
75 There may be appointed in the Ministry of Finance and Corporate Relations, under the Public Service Act, a Commissioner of Income Tax, together with those officers, clerks and employees considered necessary for the administration of this Act.
Section 76 (1) BEFORE amended by 2003-23-52, effective April 10, 2003 (Royal Assent).
(1) The deputy head, with the approval of the minister, may authorize the Commissioner of Income Tax or any other officer of the Ministry of Finance and Corporate Relations to perform and exercise duties imposed and powers conferred by this Act on the deputy head as may in his or her opinion be conveniently performed or exercised by that officer.
Section 76 (1) BEFORE amended by 2023-10-321, effective March 30, 2023 (Royal Assent).
(1) The deputy head, with the approval of the minister, may authorize the Commissioner of Income Tax or any other officer of the ministry to perform and exercise duties imposed and powers conferred by this Act on the deputy head as may in his or her opinion be conveniently performed or exercised by that officer.
Section 77 BEFORE amended by 2001-3-29, effective March 29, 2001 (Royal Assent).
77 All commissioners and other officers, clerks, and sub-agents of the Ministries of Environment, Lands and Parks and of Forests throughout British Columbia, the registrars of titles, government agents, mining recorders, gold commissioners and other officers or agents of the government of British Columbia must, on the written request of the deputy head or other authorized officer, provide him or her without charge with the information he or she considers necessary for the purposes of this Act.
Section 77 BEFORE amended by 2003-23-53, effective April 10, 2003 (Royal Assent).
77 All commissioners and other officers, clerks, and sub-agents of the Ministry of Environment, Lands and Parks throughout British Columbia, the registrars of titles, government agents, mining recorders, gold commissioners and other officers or agents of the government of British Columbia must, on the written request of the deputy head or other authorized officer, provide him or her without charge with the information he or she considers necessary for the purposes of this Act.
Section 77 BEFORE amended by BC Reg 5/10 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).
Duty of officers of government to provide information
77 All commissioners and other officers, clerks, and sub-agents of the Ministry of Sustainable Resource Management throughout British Columbia, the registrars of titles, government agents, mining recorders, gold commissioners and other officers or agents of the government of British Columbia must, on the written request of the deputy head or other authorized officer, provide him or her without charge with the information he or she considers necessary for the purposes of this Act.
Section 77 BEFORE re-enacted by 2023-23-83, effective May 11, 2023 (Royal Assent).
Duty of officers of government to provide information
77 All commissioners and other officers, clerks, and sub-agents of the Ministry of Agriculture and Lands throughout British Columbia, the registrars of titles, government agents, mining recorders, gold commissioners and other officers or agents of the government of British Columbia must, on the written request of the deputy head or other authorized officer, provide him or her without charge with the information he or she considers necessary for the purposes of this Act.
Section 77.1 (2) BEFORE amended by 2003-23-25, effective April 10, 2003 (Royal Assent).
(2) Without limiting any provision of this or any other enactment, the Provincial minister and the minister responsible for the administration of the Forest Act may
Section 79 (1) definition of "assistance" BEFORE amended by 2001-3-31(b), effective April 1, 1998 [retro from March 29, 2001 (Royal Assent)].
"assistance" means an amount, other than an amount deemed to have been paid under section 84 or under section 125.4 (3) of the federal Act, that would be included under section 12 (1) (x) of the federal Act in computing the income of a taxpayer for any taxation year if that section were read without reference to subparagraphs (v) to (vii) of that section 12 (1) (x);
Section 79 (1) definition of "assistance" BEFORE amended by 1998-8-8, effective June 18, 1998 [retro from January 15, 1999 (BC Reg 5/99)].
"assistance" means an amount, other than a prescribed amount or an amount deemed to have been paid under section 84 or under section 125.4 (3) of the federal Act, that would be included under section 12 (1) (x) of the federal Act in computing the income of a taxpayer for any taxation year if that section were read without reference to subparagraphs (v) to (vii) of that section 12 (1) (x);
Section 79 (1) definition of "post-production work" was added by 2001-3-31(d), effective March 16, 2001 [retro from March 29, 2001 (Royal Assent)].
Section 79 (1) definition of "accredited production corporation" BEFORE amended by 2001-3-31(a), effective March 29, 2001 (Royal Assent).
but does not include a corporation described in any of paragraphs (a) to (f) of the definition of "eligible production corporation";
Section 79 (1) definition of "eligible production corporation" BEFORE amended by 2001-3-31(c), effective March 29, 2001 (Royal Assent).
"eligible production corporation", for a taxation year, means a BC-based corporation that is throughout the taxation year a Canadian-controlled taxable Canadian corporation the activities of which in the taxation year are primarily the carrying on of a film or video production business through a permanent establishment in Canada, but does not include a corporation that
Section 79 (1) paragraph (a.1) was added to the definition of "accredited production" by 2003-6-3(a), effective April 1, 2003.
Section 79 (1) paragraph (a) in the definition of "accredited qualified BC labour expenditure" BEFORE amended by 2003-6-3(b), effective April 1, 2003.
(a) the total of the corporation's accredited BC labour expenditure for the taxation year or each of the preceding taxation years in relation to the production
Section 79 (1) definition of "certifying authority" BEFORE amended by 2003-23-54, effective April 10, 2003 (Royal Assent).
"certifying authority" means the Minister of Small Business, Tourism and Culture;
Section 79 (2) (a) BEFORE amended by 2003-6-4, effective April 1, 2003.
(a) for the purposes of a tax credit under section 80, 81 or 82, all the episodes constituting one cycle of the series are to be considered a single production, and
Section 79 (2) (b) BEFORE amended by 2003-6-5, effective April 1, 2003.
(b) for the purposes of a tax credit under section 82.1, each episode is to be considered a separate production.
Section 79 (1) definition of "distant location" was added by 2008-10-52, effective January 1, 2008 [retro from May 1, 2008 (Royal Assent)].
Section 79 (1) definition of "BC-based individual" BEFORE amended by 2008-10-53, effective February 19, 2008 [retro from May 1, 2008 (Royal Assent)].
"BC-based individual" in relation to an eligible production, means an individual who, by reason of being an individual described in section 2 (1) (a), is subject to tax under section 2 for the year preceding the year in which principal photography of the production begins;
Section 79 (1) definition of "certifying authority" BEFORE amended by BC Reg 5/10 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).
"certifying authority" means the Minister of Competition, Science and Enterprise;
Section 79 (1) definition of "qualified BC labour expenditure" paragraph (b) formula and description BEFORE amended by 2010-2-77(a), effective March 31, 2010 (Royal Assent).
(b) the positive amount, if any, determined by the formula
| 48% (TPC – TA) – LC |
| where | ||
| TPC | means the total, determined at the end of the taxation year, of the costs paid or payable, in producing the production, by one or more of the owners of the copyright in the production, | |
| TA | means the total of all amounts of assistance in respect of TPC that, at the time of the filing of the corporation's return of income for the year, | |
| (a) | the corporation or any other person or partnership has received, is entitled to receive or can reasonably be expected to receive, | |
| (b) | has not been repaid under a legal obligation to do so, and | |
| (c) | does not otherwise reduce TPC, and | |
| LC | means the total of the corporation's qualified BC labour expenditures | |
| (a) | in respect of the production, and | |
| (b) | for each of the preceding taxation years before the end of which principal photography of the production began; | |
| PCT | means | |
| (a) | if principal photography of the production begins before March 1, 2010, 48%, or | |
| (b) | if principal photography of the production begins after February 28, 2010, 60%, | |
Section 79 (1) in the definition of "BC labour expenditure", paragraph (d.1) was added by 2010-18-18, effective September 1, 2010.
Section 79 (1) definition of "eligible activities" was added by 2016-21-11(a), effective May 19, 2016 (Royal Assent).
Section 79 (1) definition of "BC labour expenditure", paragraph (a)(ii)(C) BEFORE amended by 2017-5-3, effective January 1, 2010 [retro from March 16, 2017 (Royal Assent)].
(C) for the stages of production of the production, from the final script stage to the end of the post-production stage, and
Section 79 (1) definition of "BC labour expenditure", paragraph (b)(ii)(C) BEFORE amended by 2017-5-3, effective January 1, 2010 [retro from March 16, 2017 (Royal Assent)].
(C) for the stages of production of the production, from the final script stage to the end of the post-production stage,
Section 79 (1) definition of "certifying authority" BEFORE amended by 2017-5-4, effective March 16, 2017 (Royal Assent).
means the Minister of Tourism, Culture and the Arts;
Section 79 (1) definition of "eligible production", paragraph (c) BEFORE amended by 2017-5-5, effective November 15, 2003 [retro from March 16, 2017 (Royal Assent)].
(c) no investor, and no partnership in which an investor has a direct or indirect interest, is entitled to deduct an amount in respect of the production in computing income for any taxation year for the purposes of the federal Act;
Section 79 (2) (b) (part) BEFORE amended by 2016-21-11(b)(rem), effective November 2, 2017 (Royal Assent).
(b) for the purposes of a tax credit under section 82.1 to 82.3,
Section 79 (2) (b) (ii) BEFORE amended by 2017-10-22, effective November 2, 2017 (Royal Assent).
(ii) in the case of two or more episodes constituting one cycle of the series, sections 82.1 to 82.3 and the regulations, as they read on the date on which principal photography of the first eligible episode began, apply for the purpose of determining the amount of the tax credit in respect of the other eligible episodes of the cycle.
Section 79 (1) definition of "accredited qualified BC labour expenditure" paragraph (b), subparagraph (iv) was added by 2020-18-23(a), effective August 14, 2020 (Royal Assent).
Section 79 (1) definition of "certifying authority" BEFORE amended by 2020-18-23(b), effective August 14, 2020 (Royal Assent).
means the Minister of Jobs, Tourism and Skills Training and Minister Responsible for Labour;
Section 79 (1) definition of "accredited qualified BC labour expenditure", paragraph (b) (iv) BEFORE amended by 2022-11-22, effective February 22, 2022 [retro from June 2, 2022 (Royal Assent)].
(iv) all amounts of the accredited BC labour expenditure of the corporation in respect of the production that are incurred before the date that the corporation gave notice under section 84.1, unless notice is not required under section 84.1 (5) or was given on or before the later of the following:
(A) the day that is 60 days after the corporation first incurs an amount that is an accredited BC labour expenditure in respect of that production;
(B) if the corporation's eligibility certificate in respect of that production is revoked, the day that is 30 days after the revocation date;
Section 79 (1) definition of "accredited qualified BC labour expenditure", paragraph (b) (iv) BEFORE amended by 2023-23-85, effective July 1, 2020 [retro from May 11, 2023 (Royal Assent)].
(iv) all amounts of the accredited BC labour expenditure of the corporation in respect of the production that are incurred before the date that the corporation gave notice under section 84.1, unless notice is not required under section 84.1 (5) or was given on or before the latest of the following:
(A) if the corporation first incurs an amount that is an accredited BC labour expenditure in respect of that production before February 22, 2022, the day that is 60 days after the day on which the corporation first incurs the amount;
(B) if the corporation first incurs an amount that is an accredited BC labour expenditure in respect of that production on or after February 22, 2022, the day that is 120 days after the day on which the corporation first incurs the amount;
(C) if the corporation's eligibility certificate in respect of that production is revoked, the day that is 30 days after the revocation date;
Section 79 (1) definition of "accredited qualified BC labour expenditure", paragraph (b) (v) was added by 2023-23-85, effective July 1, 2020 [retro from May 11, 2023 (Royal Assent)].
Section 79 (1) definitions of "accredited BC major production expenditure", "major production" and "physical office" were added by 2025-10-10, effective January 1, 2025 [retro from May 29, 2025 (Royal Assent)].
Section 80 (1) (a) (iii) BEFORE amended by 2003-6-6, effective March 12, 2003 (Royal Assent).
(iii) before April 1, 2003,
Section 80 (1) (f) (i) BEFORE amended by 2001-3-32, effective March 16, 2001 [retro from March 29, 2001 (Royal Assent)].
(i) more than 50% of the copyright in the production is owned by the corporation or by a BC-controlled eligible production corporation that is related to the corporation, and
Sections 80 (1.1) and (3) were added by 2001-3-32, effective March 16, 2001 [retro from March 29, 2001 (Royal Assent)].
Section 80 (2) (a) BEFORE amended by2001-3-32, effective March 16, 2001 [retro from March 29, 2001 (Royal Assent)].
(a) in the case of a production that is an interprovincial co-production, 20% of the corporation's qualified BC labour expenditure for the taxation year in respect of the production multiplied by the percentage of the copyright in the production that is beneficially owned by the corporation, or
Section 80 (3) BEFORE amended by 2005-5-28(a), effective January 1, 2005 [retro from March 3, 2005 (Royal Assent)].
(3) For the purposes of subsection (2) (a), "copyright in the production" means that portion of the copyright in the production that is not owned by the following: (a) any person to whom section 149 (1) (l) of the federal Act applies if the person has a fund that is used to finance film or video productions; (b) any federal or provincial government agency the mandate of which is related to the provision of financing to film or video productions in Canada.
Section 80 (4) and (5) was added by 2005-5-28(b), effective January 1, 2005 [retro from March 3, 2005 (Royal Assent)].
Section 80 (5) (a) BEFORE amended by 2006-2-10(a), effective March 28, 2006 (Royal Assent).
(a) in addition to the other requirements in subsection (1), principal photography of the production must begin after December 31, 2004 and before April 1, 2006;
Section 80 (5) (d) BEFORE repealed by 2006-2-10(b), effective March 28, 2006 (Royal Assent).
(d) despite section 79 (2) (a), if the production is intended for television broadcast as a series and principal photography of a cycle of the series begins before April 1, 2006 and is completed after March 31, 2006,
(i) all the episodes of the cycle are to be considered a single production, if there are no more than 13 episodes in that cycle,
(ii) all the episodes of the cycle are to be considered a single production, if there are more than 13 episodes in that cycle and principal photography of each episode of that cycle begins before April 1, 2006, or
(iii) the greater of
(A) all the episodes of the cycle for which principal photography of those episodes begins before April 1, 2006, and
(B) the first 13 episodes of the cycle
are to be considered a single production, if there are more than 13 episodes in that cycle and principal photography of at least one episode of that cycle begins after March 31, 2006.
Section 80 (1) (a) (iii) BEFORE amended by 2008-10-54, effective May 1, 2008 (Royal Assent).
(iii) before April 1, 2008,
Section 80 (5) (a) BEFORE amended by 2008-10-54, effective May 1, 2008 (Royal Assent).
(a) in addition to the other requirements in subsection (1), principal photography of the production must begin after December 31, 2004 and before April 1, 2008;
Section 80 (3) (part) BEFORE amended by 2008-10-55(a), effective January 1, 2008 [retro from May 1, 2008 (Royal Assent)].
(3) For the purposes of subsections (2) (a) and (4) (a), "copyright in the production" means that portion of the copyright in the production that is not owned by the following:
Sections 80 (6) and (7) were added by 2008-10-55(b), effective January 1, 2008 [retro from May 1, 2008 (Royal Assent)].
Sections 80 (1) (a) BEFORE amended by 2009-4-25(a), effective March 12, 2009 (Royal Assent).
(a) principal photography of the production begins
(i) before the end of the taxation year,
(ii) after March 31, 1998, and
(iii) before April 1, 2013,
Sections 80 (5) (a) BEFORE amended by 2009-4-25(b), effective March 12, 2009 (Royal Assent).
(a) in addition to the other requirements in subsection (1), principal photography of the production must begin after December 31, 2004 and before April 1, 2013;
Sections 80 (7) BEFORE amended by 2009-4-25(c), effective March 12, 2009 (Royal Assent).
(7) For a qualifying corporation to claim a tax credit in the amount calculated under subsection (6) in respect of an eligible production, the following rules apply:
(a) in addition to the other requirements in subsection (1), principal photography of the production must begin before January 1, 2010;
(b) the references to "March 31, 1998" in the definition of "BC labour expenditure" in section 79 (1) must be read as "December 31, 2007";
(c) despite section 79 (2) (a), if the production is intended for television broadcast as a series and principal photography of a cycle of the series begins before January 1, 2010 and is completed after December 31, 2009,
(i) all the episodes of the cycle are to be considered a single production, if there are no more than 13 episodes in that cycle,
(ii) all the episodes of the cycle are to be considered a single production, if there are more than 13 episodes in that cycle and principal photography of each episode of that cycle begins before January 1, 2010, or
(iii) the greater of
(A) all the episodes of the cycle for which principal photography of those episodes begins before January 1, 2010, and
(B) the first 13 episodes of the cycle
are to be considered a single production, if there are more than 13 episodes in that cycle and principal photography of at least one episode of that cycle begins after December 31, 2009.
Sections 80 (1) (c) BEFORE amended by 2009-4-26(a), effective January 1, 2009 [retro from March 12, 2009 (Royal Assent)].
(c) the corporation is, throughout the taxation year in respect of which the tax credit is being claimed, an eligible production corporation that is BC-controlled,
Sections 80 (1) (c.1) was added by 2009-4-26(b), effective January 1, 2009 [retro from March 12, 2009 (Royal Assent)].
Sections 80 (1) (f) (i) (A) BEFORE amended by 2009-4-26(c), effective January 1, 2009 [retro from March 12, 2009 (Royal Assent)].
(A) a BC-controlled eligible production corporation related to the corporation, and
Sections 80 (1) (h) BEFORE amended by 2009-4-26(d), effective January 1, 2009 [retro from March 12, 2009 (Royal Assent)].
(h) for a production that is an interprovincial co-production or a treaty co-production, the corporation, or a BC-controlled eligible production corporation that is related to the corporation, retains a share, acceptable to the certifying authority, of revenues from the exploitation of the production in non-Canadian markets,
Sections 80 (1) (h.1) was added by 2009-4-26(e), effective January 1, 2009 [retro from March 12, 2009 (Royal Assent)].
Sections 80 (1) (i) BEFORE amended by 2009-4-26(f), effective January 1, 2009 [retro from March 12, 2009 (Royal Assent)].
(i) for a production that is an interprovincial co-production, more than 20% of the copyright in the production is owned by the corporation or by a BC-controlled eligible production corporation that is related to the corporation,
Sections 80 (1) (i.1) was added by 2009-4-26(g), effective January 1, 2009 [retro from March 12, 2009 (Royal Assent)].
Section 80 (1) (d) BEFORE amended by 2010-18-19, effective February 19, 2008 [retro from June 3, 2010 (Royal Assent)].
(d) the producer of the production, or, in the case of an interprovincial co-production or a treaty co-production, the producer of the British Columbia portion of the production, is at all times during the production of the production, a BC-based individual who is a Canadian,
Section 80 BEFORE amended by 2012-8-47, effective January 1, 2012 [retro from May 14, 2012 (Royal Assent)].
Basic tax credit
80 (1) A corporation is eligible for a basic tax credit for a taxation year in respect of an eligible production if
(a) principal photography of the production begins
(i) before the end of the taxation year, and
(ii) after March 31, 1998,
(iii) [Repealed 2009-4-25.]
(b) the production is completed within 24 months after the end of the corporation's taxation year in which the principal photography of the production began,
(c) for a production for which principal photography begins before January 1, 2009, the corporation is, throughout the taxation year in respect of which the tax credit is being claimed, an eligible production corporation that is BC-controlled,
(c.1) for a production for which principal photography begins on or after January 1, 2009, the corporation is, throughout the taxation year in respect of which the tax credit is being claimed, an eligible production corporation,
(d) the producer of the production, or, in the case of an interprovincial co-production or a treaty co-production, the producer of the British Columbia portion of the production, is an individual who,
(i) by reason of being an individual described in section 2 (1) (a), is subject to tax under section 2 for the year preceding the year in which principal photography of the production begins, and
(ii) in the year preceding the year in which principal photography of the production begins, is a Canadian,
(e) no distribution of the production is made in Canada, within 24 months after the completion of the production, by a person who is not a Canadian,
(f) for a production that is neither an interprovincial co-production nor a treaty co-production,
(i) more than 50% of the copyright in the production is owned by the corporation or by the corporation and one or both of
(A) in the case of a production for which principal photography begins before January 1, 2009, a BC-controlled eligible production corporation related to the corporation, or in the case of a production for which principal photography begins on or after January 1, 2009, an eligible production corporation related to the corporation, and
(B) a prescribed person, and
(ii) the balance, if any, of the copyright is owned by one or more of the following:
(A) an eligible production corporation;
(B) a corporation that would be an eligible production corporation if it had a permanent establishment in British Columbia;
(C) a recognized person,
(g) for a production that is neither an interprovincial co-production nor a treaty co-production, the initial licensing of the commercial exploitation of the production is controlled by one of the corporations referred to in paragraph (f) (i),
(h) for a production that is an interprovincial co-production or a treaty co-production and for which principal photography begins before January 1, 2009, the corporation, or a BC-controlled eligible production corporation that is related to the corporation, retains a share, acceptable to the certifying authority, of revenues from the exploitation of the production in non-Canadian markets,
(h.1) for a production that is an interprovincial co-production or a treaty co-production and for which principal photography begins on or after January 1, 2009, the corporation, or an eligible production corporation that is related to the corporation, retains a share, acceptable to the certifying authority, of revenues from the exploitation of the production in non-Canadian markets,
(i) for a production that is an interprovincial co-production and for which principal photography begins before January 1, 2009, more than 20% of the copyright in the production is owned by the corporation or by a BC-controlled eligible production corporation that is related to the corporation,
(i.1) for a production that is an interprovincial co-production and for which principal photography begins on or after January 1, 2009, more than 20% of the copyright in the production is owned by the corporation or by an eligible production corporation that is related to the corporation,
(j) the corporation has obtained a valid eligibility certificate issued to it under section 86 in respect of the production and the claimed tax credit, and
(k) the corporation makes application for the basic tax credit in accordance with section 85.
(1.1) For the purposes of subsection (1) (f) (i), a corporation referred to in that provision does not, or that corporation with one or both of the other persons referred to in that provision do not, own more than 50% of the copyright in a production unless it controls, or they control, within the meaning of the regulations, the copyright in the production.
(2) The amount of the tax credit that may be claimed by a qualifying corporation under this section is,
(a) in the case of a production that is an interprovincial co-production, 20% of the corporation's qualified BC labour expenditure for the taxation year in respect of the production multiplied by the percentage of the copyright in the production that is owned by the corporation, or
(b) in any other case, 20% of the corporation's qualified BC labour expenditure for the taxation year in respect of the production.
(3) For the purposes of subsections (2) (a), (4) (a) and (6) (a),"copyright in the production" means that portion of the copyright in the production that is not owned by the following:
(a) any person to whom section 149 (1) (l) of the federal Act applies if the person has a fund that is used to finance film or video productions;
(b) any federal or provincial government agency the mandate of which is related to the provision of financing to film or video productions in Canada.
(4) In addition to the tax credit that may be claimed under subsection (2) but subject to subsection (5), the amount of the tax credit that may be claimed by a qualifying corporation under this section is,
(a) in the case of a production that is an interprovincial co-production, 10% of the corporation's qualified BC labour expenditure for the taxation year in respect of the production multiplied by the percentage of the copyright in the production that is owned by the corporation, or
(b) in any other case, 10% of the corporation's qualified BC labour expenditure for the taxation year in respect of the production.
(5) For a qualifying corporation to claim a tax credit in the amount calculated under subsection (4) in respect of an eligible production, the following rules apply:
(a) in addition to the other requirements in subsection (1), principal photography of the production must begin after December 31, 2004;
(b) the references to "March 31, 1998" in the definition of "BC labour expenditure" in section 79 (1) must be read as "December 31, 2004";
(c) despite section 79 (2) (a), if the production is intended for television broadcast as a series and principal photography of a cycle of the series begins before January 1, 2005, all the episodes of the cycle for which principal photography begins after December 31, 2004 are to be considered a single production.
(d) [Repealed 2006-2-10.]
(6) In addition to the tax credits that may be claimed under subsections (2) and (4) but subject to subsection (7), the amount of the tax credit that may be claimed by a qualifying corporation under this section is,
(a) in the case of a production that is an interprovincial co-production, 5% of the corporation's qualified BC labour expenditure for the taxation year in respect of the production multiplied by the percentage of the copyright in the production that is owned by the corporation, or
(b) in any other case, 5% of the corporation's qualified BC labour expenditure for the taxation year in respect of the production.
(7) For the purpose of determining the amount of the tax credit under subsection (6), the references to "March 31, 1998" in the definition of "BC labour expenditure" in section 79 (1) must be read as "December 31, 2007".
Section 80 (8) was added by 2025-10-11, effective January 1, 2025 [retro from May 29, 2025 (Royal Assent)].
Section 80.1 was enacted by 2018-4-32, effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].
Section 81.1 (1) and (2) BEFORE amended by 2016-3-36, effective June 27, 2015 [retro from March 10, 2016 (Royal Assent)].
(1) A corporation is eligible for a regional tax credit for a taxation year in respect of an eligible production if
(2) The amount of the tax credit that may be claimed by a qualifying corporation under this section is,
Section 81.1 (1) (b) BEFORE amended by 2016-3-36, effective June 27, 2015 [retro from March 10, 2016 (Royal Assent)].
(b) principal photography of the production begins after March 31, 2003,
Section 81.1 (4) and (5) were added by 2016-3-36, effective June 27, 2015 [retro from March 10, 2016 (Royal Assent)].
Section 81.1 (4) (b) BEFORE amended by 2024-13-84, effective April 25, 2024 (Royal Assent).
(b) principal photography of the production begins after June 26, 2015,
Section 81.1 (6) and (7) were added by 2025-10-12, effective January 1, 2025 [retro from May 29, 2025 (Royal Assent)].
Section 81.11 was enacted by 2008-10-56, effective February 19, 2008 [retro from May 1, 2008 (Royal Assent)].
Section 81.11 (1) and (2) BEFORE amended by 2016-3-37, effective June 27, 2015 [retro from March 10, 2016 (Royal Assent)].
(1) A corporation is eligible for a distant location regional tax credit for a taxation year in respect of an eligible production if
(2) The amount of the tax credit that may be claimed by a qualifying corporation under this section is,
Section 81.11 (1) (b) BEFORE amended by 2016-3-37, effective June 27, 2015 [retro from March 10, 2016 (Royal Assent)].
(b) principal photography of the production begins after February 19, 2008,
Section 81.11 (4) and (5) were added by 2016-3-37, effective June 27, 2015 [retro from March 10, 2016 (Royal Assent)].
Section 81.11 (4) (b) BEFORE amended by 2024-13-84, effective April 25, 2024 (Royal Assent).
(b) principal photography of the production begins after June 26, 2015,
Section 81.11 (6) and (7) were added by 2025-10-13, effective January 1, 2025 [retro from May 29, 2025 (Royal Assent)].
Section 81.2 (1) BEFORE amended and (6) and (7) were added by 2015-9-22, effective March 1, 2015 [retro from March 25, 2015 (Royal Assent)].
(1) A corporation is eligible for a digital animation or visual effects tax credit for a taxation year in respect of an eligible production if
(a) the corporation is eligible for, and has made or is making an application in accordance with section 85 for, a tax credit in relation to the production under section 80,
(b) principal photography of the production begins after March 31, 2003,
(c) the corporation has obtained a valid eligibility certificate issued to it under section 86 in respect of the production and the claimed tax credit, and
(d) the corporation makes application for the digital animation or visual effects tax credit in accordance with section 85.
Section 81.2 (2)(part) BEFORE amended by 2016-21-12(a), effective May 19, 2016 (Royal Assent).
(2) The amount of the tax credit that may be claimed by a qualifying corporation under this section in respect of an eligible production is 15% of the amount determined by the formula
Section 81.2 (3) BEFORE amended by 2016-21-12(b), effective May 19, 2016 (Royal Assent).
(3) For the purpose of determining the amount of the tax credit under subsection (2), the references to "March 31, 1998" in the definition of "BC labour expenditure" in section 79 (1) must be read as "December 31, 2002".
Section 81.2 (5) (a) BEFORE amended and BEFORE subparagraphs (i) and (ii) were added by 2016-21-12(c), effective May 19, 2016 (Royal Assent).
(a) in addition to the other requirements in subsection (1), principal photography of the production must begin after February 28, 2010;
Section 81.2 (7) (a) BEFORE amended and BEFORE subparagraphs (i) and (ii) were added by 2016-21-12(d), effective May 19, 2016 (Royal Assent).
(a) in addition to the other requirements in subsection (1), principal photography of the production must begin after February 28, 2015;
Section 81.2 (8), (9), (10) and (11) were added by 2016-21-12(e), effective May 19, 2016 (Royal Assent).
Section 82 (1) BEFORE amended by 2007-2-31, effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(1) A corporation is eligible for a training tax credit for a taxation year in respect of an eligible production if
(a) the corporation is eligible for, and has made or is making an application in accordance with section 85 for, a tax credit in relation to the production under one or both of sections 80 and 81,
(b) one or more BC-based individuals are participating as trainees in an approved training program in relation to the production,
(c) the corporation has obtained a valid eligibility certificate issued to it under section 86 in respect of the production and the claimed tax credit, and
(d) the corporation makes application for the training tax credit in accordance with section 85.
Section 82.1 (1) (a) (iii) BEFORE amended by 2003-6-9, effective March 12, 2003 (Royal Assent).
(iii) before June 1, 2003,
Section 82.1 (1), and (1) (c) BEFORE amended by 2003-6-8(a) and (b), effective April 1, 2003.
(1) Subject to subsections (3) and (4), a corporation is eligible for a production services tax credit for a taxation year in respect of an accredited production if
(c) the corporation has obtained an accreditation certificate issued under section 87.1 in respect of the production, and
Section 82.1 (3) and (4) BEFORE repealed by 2003-6-8(c), effective April 1, 2003.
(3) A corporation may not claim a tax credit in respect of an accredited production
(a) under this section, if an amount is deemed to have been paid under section 84 in relation to a tax credit under one or more of sections 80, 81 and 82 in respect of the production, or
(b) under one or more of sections 80, 81 and 82, if an amount is deemed to have been paid under this section in respect of the production.
(4) Without limiting subsection (3), if an amount is deemed to have been paid under section 84 in relation to a tax credit under one or more of sections 80, 81 and 82 in respect of any or all of the episodes of a cycle referred to in section 79 (2) (a), no tax credit may be claimed under this section in respect of any episode of that cycle.
Section 82.1 (5) and (6) was added by 2005-5-29, effective January 1, 2005 [retro from March 3, 2005 (Royal Assent)].
Section 82.1 (6) (a) BEFORE amended by 2006-2-11, effective March 28, 2006 (Royal Assent).
(a) in addition to the other requirements in subsection (1), principal photography of the production must begin after December 31, 2004 and before April 1, 2006;
Section 82.1 (1) (a) (iii) BEFORE amended by 2008-10-57, effective May 1, 2008 (Royal Assent).
(iii) before June 1, 2008,
Section 82.1 (6) (a) BEFORE amended by 2008-10-57, effective May 1, 2008 (Royal Assent).
(a) in addition to the other requirements in subsection (1), principal photography of the production must begin after December 31, 2004 and before June 1, 2008;
Sections 82.1 (7) and (8) were added by 2008-10-58, effective January 1, 2008 [retro from May 1, 2008 (Royal Assent)].
Sections 82.1 (1) (a) BEFORE amended by 2009-4-27(a), effective March 12, 2009 (Royal Assent).
(a) principal photography for the production begins
(i) before the end of the taxation year,
(ii) after May 31, 1998, and
(iii) before June 1, 2013,
Sections 82.1 (6) (a) BEFORE amended by 2009-4-27(b), effective March 12, 2009 (Royal Assent).
(a) in addition to the other requirements in subsection (1), principal photography of the production must begin after December 31, 2004 and before June 1, 2013;
Sections 82.1 (8) BEFORE amended by 2009-4-27(c), effective March 12, 2009 (Royal Assent).
(8) For an accredited production corporation to claim a tax credit in the amount calculated under subsection (7) in respect of an accredited production, the following rules apply:
(a) in addition to the other requirements in subsection (1), principal photography of the production must begin before January 1, 2010;
(b) despite paragraph (a) in the definition of "accredited BC labour expenditure" in section 79 (1), the references to "March 31, 1998" in the definition of "BC labour expenditure" in section 79 (1) must be read as "December 31, 2007".
Section 82.1 (6) (part) BEFORE amended by 2016-21-13(a), effective May 19, 2016 (Royal Assent).
(6) For an accredited production corporation to claim a tax credit in the amount calculated under subsection (5) in respect of an accredited production, the following rules apply:
Section 82.1 (6) (a) BEFORE amended and BEFORE subparagraphs (i) and (ii) were added by 2016-21-13(b), effective May 19, 2016 (Royal Assent).
(a) in addition to the other requirements in subsection (1), principal photography of the production must begin after December 31, 2004;
Section 82.1 (8) BEFORE amended by 2016-21-13(c), effective May 19, 2016 (Royal Assent).
(8) For the purpose of determining the amount of the tax credit under subsection (7), despite paragraph (a) in the definition of "accredited BC labour expenditure" in section 79 (1), the references to "March 31, 1998" in the definition of "BC labour expenditure" in section 79 (1) must be read as "December 31, 2007".
Section 82.1 (10) (a) BEFORE amended and BEFORE subparagraphs (i) and (ii) were added by 2016-21-13(d), effective May 19, 2016 (Royal Assent).
(a) in addition to the other requirements in subsection (1), principal photography of the production must begin after February 28, 2010;
Section 82.2 (1) and (2) BEFORE amended by 2016-3-38, effective June 27, 2015 [retro from March 10, 2016 (Royal Assent)].
(1) A corporation is eligible for a regional production services tax credit for a taxation year in respect of an accredited production if
(2) The amount of the tax credit that may be claimed by an accredited production corporation under this section is 6% of the amount determined by the formula
Section 82.2 (1) (b) BEFORE amended by 2016-3-38, effective June 27, 2015 [retro from March 10, 2016 (Royal Assent)].
(b) principal photography of the production begins after March 31, 2003,
Section 82.2 (4) and (5) were added by 2016-3-38, effective June 27, 2015 [retro from March 10, 2016 (Royal Assent)].
Section 82.2 (4) (b) BEFORE amended by 2024-13-84, effective April 25, 2024 (Royal Assent).
(b) principal photography of the production begins after June 26, 2015,
Section 82.2 (6) and (7) were added by 2025-10-14, effective January 1, 2025 [retro from May 29, 2025 (Royal Assent)].
Section 82.21 was enacted by 2008-10-59, effective February 19, 2008 [retro from May 1, 2008 (Royal Assent)].
Section 82.21 (1) and (2) BEFORE amended by 2016-3-39, effective June 27, 2015 [retro from March 10, 2016 (Royal Assent)].
(1) A corporation is eligible for a distant location production services tax credit for a taxation year in respect of an accredited production if
(2) The amount of the tax credit that may be claimed by an accredited production corporation under this section is 6% of the amount determined by the formula
Section 82.21 (1) (b) BEFORE amended by 2016-3-39, effective June 27, 2015 [retro from March 10, 2016 (Royal Assent)].
(b) principal photography of the production begins after February 19, 2008,
Section 82.21 (4) and (5) were added by 2016-3-39, effective June 27, 2015 [retro from March 10, 2016 (Royal Assent)].
Section 82.21 (4) (b) BEFORE amended by 2024-13-84, effective April 25, 2024 (Royal Assent).
(b) principal photography of the production begins after June 26, 2015,
Section 82.21 (6) and (7) were added by 2025-10-15, effective January 1, 2025 [retro from May 29, 2025 (Royal Assent)].
Section 82.3 (3) BEFORE amended by 2010-2-80, effective April 1, 2003 [retro from March 31, 2010 (Royal Assent)].
(3) For the purpose of determining the amount of the tax credit under subsection (2), the references to "March 31, 1998" in the definition of "BC labour expenditure" in section 79 (1) must be read as "December 31, 2002".
Section 82.3 (1) BEFORE amended and (6) and (7) were added by 2015-9-23, effective March 1, 2015 [retro from March 25, 2015 (Royal Assent)].
(1) A corporation is eligible for a digital animation or visual effects production services tax credit for a taxation year in respect of an accredited production if
(a) the corporation is eligible for, and has made or is making an application in accordance with section 85 for, a tax credit in relation to the production under section 82.1,
(b) principal photography for the production begins after March 31, 2003,
(c) the corporation has obtained an accreditation certificate issued under section 87.1 in respect of the production and the claimed tax credit, and
(d) the corporation makes application for the digital animation or visual effects production services tax credit in accordance with section 85.
Section 82.3 (2) and (3) BEFORE amended by 2016-21-14(a) and (b), effective May 19, 2016 (Royal Assent).
(2) The amount of the tax credit that may be claimed by an accredited production corporation under this section is 15% of the amount of the corporation's accredited qualified BC labour expenditure for the taxation year directly attributable to prescribed digital animation or visual effects activities for the accredited production.
(3) For the purpose of determining the amount of the tax credit under subsection (2), despite paragraph (a) in the definition of "accredited BC labour expenditure" in section 79 (1), the references to "March 31, 1998" in the definition of "BC labour expenditure" in section 79 (1) must be read as "December 31, 2002".
Section 82.3 (5) (a) BEFORE amended and BEFORE subparagraphs (i) and (ii) were added by 2016-21-14(c), effective May 19, 2016 (Royal Assent).
(a) in addition to the other requirements in subsection (1), principal photography of the production must begin after February 28, 2010;
Section 82.3 (7) (a) BEFORE amended and BEFORE subparagraphs (i) and (ii) were added by 2016-21-14(d), effective May 19, 2016 (Royal Assent).
(a) in addition to the other requirements in subsection (1), principal photography of the production must begin after February 28, 2015;
Section 82.3 (8), (9), (10) and (11) were added by 2016-21-14(e), effective May 19, 2016 (Royal Assent).
Section 82.4 was enacted by 2025-10-16, effective January 1, 2025 [retro from May 29, 2025 (Royal Assent)].
Section 85 (1) (a) BEFORE amended by 2003-6-4, effective April 1, 2003.
(a) in the case of a claim for a tax credit under section 80, 81 or 82,
Section 85 (1) (b) BEFORE amended by 2003-6-5, effective April 1, 2003.
(b) in the case of a claim for a tax credit under section 82.1, the accreditation certificate under section 87.1 that is appropriate to the film or video production in respect of which the claim is made;
Section 85 (2) BEFORE amended by 2020-18-29, effective February 19, 2020 [retro from August 14, 2020 (Royal Assent)].
(2) A corporation is not entitled to a tax credit in respect of a taxation year under this Part unless, within 36 months after the end of the taxation year, the corporation files the information and records required under subsection (1) for that tax credit.
Section 85 (3) was added by 2020-18-29, effective February 19, 2020 [retro from August 14, 2020 (Royal Assent)].
Section 85 (2.1) was added by 2021-18-27, effective March 13, 2020 [retro from June 17, 2021 (Royal Assent)].
Section 85 (1) (b.1) was added by 2025-10-17, effective January 1, 2025 [retro from May 29, 2025 (Royal Assent)].
Section 86 (2) (a) BEFORE amended by 2020-18-30, effective February 19, 2020 [retro from August 14, 2020 (Royal Assent)].
(a) pay an application fee to a person prescribed by the Lieutenant Governor in Council, and
Section 87 (1) BEFORE amended by 2003-6-4, effective April 1, 2003.
(1) A corporation that has claimed or intends to claim a tax credit under section 80, 81 or 82 in respect of a film or video production must apply to the certifying authority for a completion certificate promptly after the completion of the production
Section 87 (2.1) was added by 2020-18-31, effective February 19, 2020 [retro from August 14, 2020 (Royal Assent)].
Section 87.1 (1) BEFORE amended by 2003-6-5, effective April 1, 2003.
(1) A corporation may apply to the certifying authority for an accreditation certificate in respect of a film or video production for the purposes of claiming a tax credit referred to in section 82.1.
Section 87.1 (2) (a) BEFORE amended by 2020-18-32, effective February 19, 2020 [retro from August 14, 2020 (Royal Assent)].
(a) pay an application fee to a person prescribed by the Lieutenant Governor in Council, and
Section 87.1 (3) BEFORE amended by 2020-18-33, effective August 14, 2020 (Royal Assent).
(3) On receiving an application under this section, the certifying authority must issue to the applicant corporation an accreditation certificate in respect of a production if the certifying authority is satisfied, on the basis of the information provided by the corporation and any other information available to the certifying authority, that the production is an accredited production.
Section 87.11 was enacted by 2025-10-18, effective January 1, 2025 [retro from May 29, 2025 (Royal Assent)].
Section 87.2 was enacted by 2020-18-34, effective February 19, 2020 [retro from August 14, 2020 (Royal Assent)].
Section 87.2 BEFORE amended by 2025-10-19, effective January 1, 2025 [retro from May 29, 2025 (Royal Assent)].
Section 88 BEFORE amended by 2003-23-55, effective April 10, 2003 (Royal Assent).
88 (1) A certificate may be revoked by the certifying authority or by the Provincial minister if,
(a) in the case of a certificate issued under section 86, 87 or 87.1,
(i) an omission or incorrect statement was made for the purpose of obtaining the certificate,
(ii) the corporation to which the certificate was issued does not meet the eligibility requirements for one or more of the tax credits to which the certificate relates, or
(iii) the production in respect of which the certificate was issued does not meet the eligibility requirements for one or more of the tax credits to which the certificate relates, or
(b) in the case of an eligibility certificate issued to a corporation under section 86 in respect of a production,
(i) a completion certificate is not issued under section 87 in respect of the production
(A) within 30 months after the end of the corporation's taxation year in which the principal photography of the production began, or
(B) within any later period that the certifying authority or the Provincial minister may, in writing, provide in relation to a reconsideration being undertaken under section 92 (1) or that the court may order on an appeal brought in accordance with section 92 (2) and (3), or
(ii) a completion certificate issued to the corporation under section 87 in respect of the production is revoked.
(2) A certificate that is revoked by the certifying authority or by the Provincial minister is deemed never to have been issued.
Section 88 (1) (part) BEFORE amended by 2010-18-20(a), effective June 3, 2010 (Royal Assent).
(1) A certificate may be revoked by the certifying authority or by the minister if,
Section 88 (1) (b) (i) (B) BEFORE amended by 2010-18-20(b), effective June 3, 2010 (Royal Assent).
(B) within any later period that the certifying authority or the minister may, in writing, provide in relation to a reconsideration being undertaken under section 92 (1) or that the court may order on an appeal brought in accordance with section 92 (2) and (3), or
Section 88 (2) (part) BEFORE amended by 2010-18-20(a), effective June 3, 2010 (Royal Assent).
(2) A certificate that is revoked by the certifying authority or by the minister is deemed never to have been issued.
Section 88 (1) (a) BEFORE amended by 2025-10-19, effective January 1, 2025 [retro from May 29, 2025 (Royal Assent)].
(a) in the case of a certificate issued under section 86, 87 or 87.1,
(i) an omission or incorrect statement was made for the purpose of obtaining the certificate,
(ii) the corporation to which the certificate was issued does not meet the eligibility requirements for one or more of the tax credits to which the certificate relates, or
(iii) the production in respect of which the certificate was issued does not meet the eligibility requirements for one or more of the tax credits to which the certificate relates, or
Section 89 (2) and (3) BEFORE amended by 2003-23-55, effective April 10, 2003 (Royal Assent).
(2) If the certifying authority revokes a certificate issued under section 86, 87 or 87.1, the certifying authority must promptly give notice of that revocation, together with reasons for the revocation, to the applicant corporation and the Provincial minister.
(3) If the Provincial minister revokes a certificate issued under section 86, 87 or 87.1, that minister must promptly give notice of that revocation, together with reasons for the revocation, to the applicant corporation and the certifying authority.
Section 89 (2) and (3) BEFORE amended by 2010-18-21(a), effective June 3, 2010 (Royal Assent).
(2) If the certifying authority revokes a certificate issued under section 86, 87 or 87.1, the certifying authority must promptly give notice of that revocation, together with reasons for the revocation, to the applicant corporation and the minister.
(3) If the minister revokes a certificate issued under section 86, 87 or 87.1, that minister must promptly give notice of that revocation, together with reasons for the revocation, to the applicant corporation and the certifying authority.
Section 89 BEFORE amended by 2025-10-19, effective January 1, 2025 [retro from May 29, 2025 (Royal Assent)].
Notice of refusal or revocation
89 (1) If the certifying authority refuses to issue a certificate for which application is made under section 86, 87 or 87.1, the certifying authority must promptly give notice of that refusal, together with reasons for the refusal, to the applicant corporation.
(2) If the certifying authority revokes a certificate issued under section 86, 87 or 87.1, the certifying authority must promptly give notice of that revocation, together with reasons for the revocation, to the applicant corporation, the Commissioner of Income Tax and the minister.
(3) If the minister revokes a certificate issued under section 86, 87 or 87.1, that minister must promptly give notice of that revocation, together with reasons for the revocation, to the applicant corporation, the Commissioner of Income Tax and the certifying authority.
(4) If the Commissioner of Income Tax revokes a certificate issued under section 86, 87 or 87.1, the Commissioner of Income Tax must promptly give notice of that revocation, together with reasons for the revocation, to the applicant corporation, the certifying authority and the minister.
Section 90 (b) (ii) BEFORE amended by 2003-23-55, effective April 10, 2003 (Royal Assent).
(ii) within any later period that the certifying authority or the Provincial minister may, in writing, provide in relation to a reconsideration being undertaken under section 92 (1) or that the court may order on an appeal brought in accordance with section 92 (2) and (3),
Section 90 (b) (ii) BEFORE amended by 2010-18-22, effective June 3, 2010 (Royal Assent).
(ii) within any later period that the certifying authority or the minister may, in writing, provide in relation to a reconsideration being undertaken under section 92 (1) or that the court may order on an appeal brought in accordance with section 92 (2) and (3),
Section 90 (c.2) was added by 2025-10-20, effective January 1, 2025 [retro from May 29, 2025 (Royal Assent)].
Section 92 BEFORE amended by 2003-23-55, effective April 10, 2003 (Royal Assent).
92 (1) Any decision made under this Part by or on behalf of the certifying authority or the Provincial minister may be reconsidered and confirmed, reversed or varied by or on behalf of that person.
(2) Without limiting any provision of this Act or the federal Act, a corporation may appeal, in accordance with subsection (3), any of the following:
(a) a decision of the certifying authority to issue or to refuse to issue a certificate under this Part;
(b) a decision of the certifying authority or the Provincial minister to revoke a certificate issued under this Part;
(c) the failure of the certifying authority to issue or to refuse to issue a completion certificate under this Part within 30 months after the end of the corporation's taxation year in which the principal photography of the production began, if the application for the certificate was made as soon as was reasonably practicable in the circumstances.
(3) An appeal must be brought in the Supreme Court, by way of originating application,
(a) in the case of an appeal brought under subsection (2) (a) or (b), within 120 days after the date of any notice of the decision provided by the certifying authority or the Provincial minister, or
(b) in the case of an appeal brought under subsection (2) (c), within 120 days after the date that is 30 months after the end of the corporation's taxation year in which the principal photography of the production began.
Section 92 (1) BEFORE amended by 2010-18-23(a), effective June 3, 2010 (Royal Assent).
(1) Any decision made under this Part by or on behalf of the certifying authority or the minister may be reconsidered and confirmed, reversed or varied by or on behalf of that person.
Section 92 (2) (b) BEFORE amended by 2010-18-23(b), effective June 3, 2010 (Royal Assent).
(b) a decision of the certifying authority or the minister to revoke a certificate issued under this Part;
Section 92 (3) (a) BEFORE amended by 2010-18-23(b), effective June 3, 2010 (Royal Assent).
(a) in the case of an appeal brought under subsection (2) (a) or (b), within 120 days after the date of any notice of the decision provided by the certifying authority or the minister, or
Section 92 (3) (part) BEFORE amended by 2010-6-54, effective July 1, 2010.
(3) An appeal must be brought in the Supreme Court, by way of originating application,
Section 92 (1) BEFORE amended by 2020-18-36(a), effective August 14, 2020 (Royal Assent).
(1) Any decision made under this Part by or on behalf of the certifying authority or the minister or any decision made under section 88 by or on behalf of the Commissioner of Income Tax may be reconsidered and confirmed, reversed or varied by or on behalf of that person.
Section 92 (3) (a) BEFORE amended by 2020-18-36(c), effective August 14, 2020 (Royal Assent).
(a) in the case of an appeal brought under subsection (2) (a) or (b), within 120 days after the date of any notice of the decision provided by the certifying authority, the Commissioner of Income Tax or the minister, or
Section 93 BEFORE amended by 2001-3-33, effective March 16, 2001 [retro from March 29, 2001 (Royal Assent)].
93 Without limiting any provision of this Act or the federal Act, for the purpose of determining whether a corporation is eligible for a tax credit under this Part, the Commissioner of Income Tax has powers equivalent to the federal minister under sections 230 (3), 231, 231.1, 233 and 236 of the federal Act, and for that purpose those sections apply.
Sections 93.1 to 93.4 were enacted by 2025-10-21, effective January 1, 2025 [retro from May 29, 2025 (Royal Assent)].
Section 94 BEFORE amended by 2003-23-55, effective April 10, 2003 (Royal Assent).
94 The Provincial minister is entitled to obtain from the certifying authority any information required by the Provincial minister respecting certificates issued, refused or revoked by the certifying authority.
Section 94 (1) (a) BEFORE amended by 2020-18-37(a), effective August 14, 2020 (Royal Assent).
(a) from the certifying authority any information required by the minister respecting certificates issued, refused or revoked by the certifying authority, and
Section 94 (2) BEFORE amended by 2020-18-37(b), effective August 14, 2020 (Royal Assent).
(2) The Commissioner of Income Tax is entitled to obtain from the certifying authority any information required by the Commissioner of Income Tax respecting certificates issued, refused or revoked by the certifying authority.
Section 95 (2) BEFORE amended by 2003-23-25, effective April 10, 2003 (Royal Assent).
(2) Without limiting any provision of this or any other enactment, the certifying authority, the Provincial minister and any advisory body designated under subsection (1) may
Section 96 (2) (e) was added by 2008-10-60, effective January 1, 2008 [retro from May 1, 2008 (Royal Assent)].
Section 96 (2.1), (2.2) and (2.3) were added by 2016-21-15(a), effective May 19, 2016 (Royal Assent).
Section 96 (3) BEFORE amended by 2016-21-15(b), effective May 19, 2016 (Royal Assent).
(3) Regulations that may be made under this Part may be made retroactive to April 1, 1998 or a later date that the Lieutenant Governor in Council may determine, and a regulation made retroactive is deemed to come into force on the date specified in the regulation.
Section 96 (2) (f) and (g) were added by 2025-10-22(a), effective January 1, 2025 [retro from May 29, 2025 (Royal Assent)].
Section 96 (2.2) (b) BEFORE amended by 2025-10-22(b), effective January 1, 2025 [retro from May 29, 2025 (Royal Assent)].
(b) prescribing a percentage, not exceeding 22%, for the purposes of section 82.1 (11), including prescribing different percentages for accredited productions for which principal photography begins before, on or after different dates;
Section 97 definition of "BC qualified expenditure" paragraph (f) was added by 2001-3-34, effective March 29, 2001 (Royal Assent).
Section 97 definition of "BC qualified expenditure", paragraph (b) BEFORE amended by 2004-28-15, effective April 29, 2004 (Royal Assent).
(b) incurred after August 31, 1999 and before September 1, 2004, and
Section 97 definition of "Canadian-controlled private corporation" BEFORE repealed by 2004-40-13, effective April 1, 2002 [retro from May 13, 2004 (Royal Assent).]
"Canadian-controlled private corporation" has the same meaning as in section 248 of the federal Act;
Section 97 definition of "BC qualified expenditure" paragraph (b) BEFORE amended by 2007-2-32(a), effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
(b) incurred after August 31, 1999 and before September 1, 2009, and
Section 97 definitions of "partnership amount" and "permanent establishment" were added by 2007-2-32(b), effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
Section 97 definition of "BC qualified expenditure" paragraph (b) BEFORE amended by 2014-4-27, effective March 24, 2014 (Royal Assent).
(b) incurred after August 31, 1999 and before September 1, 2014, and
Section 97 definitions of "first term shared-use-equipment" and "second term shared-use-equipment" were added by 2016-10-22, effective December 21, 2002 [retro from May 19, 2016 (Royal Assent)].
Section 97 definition of "BC qualified expenditure", paragraph (b) BEFORE amended by 2017-12-55, effective August 31, 2017 [retro from November 2, 2017 (Royal Assent)].
(b) incurred after August 31, 1999 and before September 1, 2017, and
Section 97 definition of "BC qualified expenditure", paragraph (b) BEFORE amended by 2022-11-23, effective June 2, 2022 (Royal Assent).
(b) incurred after August 31, 1999 and before September 1, 2022, and
Section 97.1 was added by 2007-2-33, effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
Section 99 (3) (b) BEFORE amended by 2003-23-56(a), effective September 1, 1999 [retro from April 10, 2003 (Royal Assent)].
(b) the total of the corporation's annual non-refundable tax credits for the 10 taxation years immediately preceding and the 3 taxation years immediately following, less any of those amounts that were previously deducted by the corporation under subsection (2).
Section 99 (3) (c) was added by 2003-23-56(b), effective September 1, 1999 [retro from April 10, 2003 (Royal Assent)].
Section 99 (4) BEFORE amended by 2003-23-56(c), effective September 1, 1999 [retro from April 10, 2003 (Royal Assent)].
(4) If the qualifying corporation is a corporation described in paragraph (j) or (k) of the definition of "investment tax credit" in section 127 (9) of the federal Act, the net amount determined under subsection (3) (b) of this section must be reduced by the proportion described in section 127 (9.1) (d) or (9.2) (d) of the federal Act, as the case may be.
Section 99 (1) BEFORE repealed by 2007-2-34(a), effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
(1) In this section, "annual non-refundable tax credit" of a qualifying corporation for a taxation year means 10% of the corporation's SR&ED qualified BC expenditure in the taxation year, less
(a) any amount deemed to have been paid under section 98 (2) for that year, and
(b) any amount renounced under section 100 for that year.
Section 99 (3.1) was added by 2007-2-34(b), effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
Section 99.1 was added by 2007-2-35, effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
Section 100 (1) BEFORE amended by 2007-2-36, effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
(1) A corporation may renounce all or part of the tax credit under section 99 in respect of the corporation's SR&ED qualified BC expenditure incurred during a taxation year.
Section 102.1 (1) (a) and (b) BEFORE amended by 2016-10-23, effective December 21, 2002 [retro from May 19, 2016 (Royal Assent)].
(a) the corporation acquired a particular property and the cost of the property was a BC qualified expenditure of the corporation in a taxation year,
(b) the cost of the property is an amount that was included in computing the corporation's tax credit under this Part, and
Section 102.1 (2) BEFORE amended by 2016-10-23(a), effective December 21, 2002 [retro from May 19, 2016 (Royal Assent)].
(2) The qualifying corporation must add to its tax otherwise payable for the taxation year in which the conversion or disposition described in subsection (1) (c) occurs the lesser of the following:
(a) the amount included in the corporation's tax credit under this Part in respect of the property;
(i) if that property or the property that incorporates that property is disposed of to a person who deals at arm's length with the corporation, the proceeds of disposition of that property multiplied by the percentage applied in computing the tax credit referred to in subsection (1) (b), or
(ii) in any other case, the fair market value at the time of conversion or disposition of that property or the property that incorporates that property multiplied by the percentage applied in computing the tax credit referred to in subsection (1) (b).
Section 102.1 (2.1) was added by 2016-10-23(b), effective December 21, 2002 [retro from May 19, 2016 (Royal Assent)].
Section 102.11 was added by 2007-2-37, effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
Section 102.2 BEFORE amended by 2007-2-38, effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
102.2 Sections 102.1 and 102.3 do not apply to a qualifying corporation (in this section, the "transferor") that disposes of a property to a qualifying corporation (in this section and section 102.3, the "purchaser") that does not deal at arm's length with the transferor, if the purchaser acquired the property in circumstances where the cost of the property to the purchaser would have been an expenditure of the purchaser described in section 37 (8) (a) (ii) (A) (III) or (B) (III) of the federal Act but for section 2902 (b) (iii) of the federal regulations.
Section 102.2 BEFORE amended by 2016-10-24, effective March 29, 2012 [retro from May 19, 2016 (Royal Assent)].
Recapture rules do not apply to specified non-arm's length transfers
102.2 Sections 102.1, 102.11, 102.3 and 102.4 do not apply to a qualifying corporation or partnership (in this section, the "transferor") that disposes of a property to a qualifying corporation or partnership (in this section and sections 102.3 and 102.4, the "purchaser") that does not deal at arm's length with the transferor, if the purchaser acquired the property in circumstances where the cost of the property to the purchaser would have been an expenditure of the purchaser described in section 37 (8) (a) (ii) (A) (III) or (B) (III) of the federal Act but for section 2902 (b) (iii) of the federal regulations.
Section 102.3 (1) BEFORE amended by 2007-2-39(a) and (b), effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
(1) This section applies to a purchaser if, at any particular time in a taxation year and after March 31, 2000, the purchaser converts to commercial use, or disposes of without having previously converted to commercial use, a property
(a) that
(i) was acquired by the purchaser in circumstances described in section 102.2, or
(ii) incorporates other property acquired by the purchaser in those circumstances, and
(b) that was first acquired, or that incorporates other property that was first acquired, by a corporation (in this section, the "original user") in the original user's taxation year that includes the particular time, assuming that the original user had such a taxation year, or in any of the original user's 10 preceding taxation years.
Section 102.3 (2) (a) BEFORE amended by 2007-2-39(c), effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
(a) the amount included in the original user's tax credit under this Part in respect of the property;
Section 102.3 (2) (b) (i) BEFORE amended by 2007-2-39(d), effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
(i) if that property or the property that incorporates that property is disposed of to a person who deals at arm's length with the corporation, the proceeds of disposition of that property multiplied by the percentage applied by the original user in computing its tax credit under this Part, or
Sections 102.4 to 102.6 were added by 2007-2-40, effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
Sections 103 (2) BEFORE amended by 2007-2-41, effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
(2) A qualifying corporation is not entitled to a tax credit under this Part in relation to its SR&ED qualified BC expenditure in a taxation year unless, within 18 months after the end of the taxation year, the corporation files the form containing the information required under subsection (1).
Section 103 (3) was added by 2021-18-28, effective March 13, 2020 [retro from June 17, 2021 (Royal Assent)].
Section 104 (1) definition "BC qualified property" BEFORE amended by 2001-3-35, effective March 29, 2001 (Royal Assent).
"BC qualified property" of a qualifying corporation means property
Section 104 (1) definition "excluded property" was added by 2001-3-35, effective March 29, 2001 (Royal Assent).
Section 104 (1) (a) (i) and (ii) definition of "BC qualified property" BEFORE amended by 2001-34-16, effective July 31, 2001 [retro from August 16, 2001 (Royal Assent).
(i) is a prescribed building for the purposes of the definition of "qualified property" in section 127 (9) of the federal Act, to the extent that the building is acquired by the corporation after March 31, 2000, or
(ii) is prescribed machinery or equipment for the purposes of the definition of "qualified property" in section 127 (9) of the federal Act and is acquired by the corporation after March 31, 2000,
Sections 111 to 115, Part 8 were added by 2003-6-11, effective October 1, 2002 [retro from March 12, 2003 (Royal Assent)].
Sections 111 to 115, Part 8 were added by 2003-6-11, effective October 1, 2002 [retro from March 12, 2003 (Royal Assent)].
Section 111 (2) BEFORE amended by 2003-23-57, effective April 10, 2003 (Royal Assent).
(2) In applying sections 26 to 28 of the Investment Canada Act for the purposes of this Part, those sections are to be read without reference to the "Director", and as though a reference to the "Minister" were to the "Provincial minister".
Sections 111 (1) definition of "BPIDP contribution" BEFORE amended by 2007-2-42, effective March 12, 2007 (Royal Assent).
"BPIDP contribution" means a contribution paid under the Aid to Publishers component of the Book Publishing Industry Development Program, administered by the Department of Canadian Heritage, after March 31, 2002 and before April 1, 2007;
Section 111 (1) definition of "BPIDP contribution" BEFORE amended by 2012-8-48, effective March 31, 2012 [retro from May 14, 2012 (Royal Assent)].
"BPIDP contribution" means a contribution paid under the Aid to Publishers component of the Book Publishing Industry Development Program, administered by the Department of Canadian Heritage, after March 31, 2002 and before April 1, 2012;
Section 111 (1) definition of "CBF contribution" BEFORE repealed by 2017-12-56, effective March 31, 2017 [retro from November 2, 2017 (Royal Assent)].
"CBF contribution" means a contribution paid before April 1, 2017 as a base amount under the Support for Publishers component of the Canada Book Fund, administered by the Department of Canadian Heritage;
Section 111 (1) definition of "CBF contribution" BEFORE amended by 2018-4-33, effective March 15, 2018 (Royal Assent).
"CBF contribution" means a contribution paid before April 1, 2018 as a base amount under the Support for Publishers component of the Canada Book Fund, administered by the Department of Canadian Heritage;
Section 111 (1) definition of "CBF contribution" BEFORE amended by 2021-18-29, effective March 31, 2021 [retro from June 17, 2021 (Royal Assent)].
"CBF contribution" means a contribution paid before April 1, 2021 as a base amount under the Support for Publishers component of the Canada Book Fund, administered by the Department of Canadian Heritage;
Section 112 (1) (b) and (2) BEFORE amended by 2012-8-49, effective March 31, 2012 [retro from May 14, 2012 (Royal Assent)].
(b) the corporation received a BPIDP contribution in the taxation year in respect of which the tax credit is being claimed, and
(2) The amount of the book publishing tax credit that may be claimed by an eligible corporation is 90% of the BPIDP contribution for the taxation year.
Section 114 (3) was added by 2021-18-30, effective March 13, 2020 [retro from June 17, 2021 (Royal Assent)].
Part 9, sections 116 to 131, was added by 2007-2-43, effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
Section 116 definition "ineligible program" was added by 2010-18-25, effective January 1, 2007 [retro from June 3, 2010 (Royal Assent)].
Section 116 definitions of "government assistance" and "non-government assistance" were added by 2012-8-50, effective October 1, 2012 (BC Reg 272/2012).
Section 116 definition of "government assistance" BEFORE amended and BEFORE paragraphs (a) and (b) were added by 2016-10-25, effective January 1, 2012 [retro from May 19, 2016 (Royal Assent)].
"government assistance" means assistance from a government, municipality or other public authority, whether as a grant, subsidy, forgivable loan, deduction from tax, investment allowance or any other form of assistance, but does not include an amount deemed to have been paid under section 127;
Section 116 definition of "industry training agreement" BEFORE repealed by 2022-4-65, effective December 1, 2022 (BC Reg 252/2022).
"industry training agreement" has the same meaning as in the Industry Training Authority Act;
Section 116 definition of "apprenticeship agreement" was added by 2022-4-65, effective December 1, 2022 (BC Reg 252/2022).
Section 117 BEFORE amended by 2012-8-51, effective December 31, 2011 [retro from May 14, 2012 (Royal Assent)].
Section 117 BEFORE amended by 2015-9-24, effective January 1, 2015 [retro from March 25, 2015 (Royal Assent)].
Section 117 BEFORE amended by 2019-7-24, effective January 1, 2019 [retro from April 11, 2019 (Royal Assent)].
Section 117 BEFORE amended by 2020-18-38, effective January 1, 2020 [retro from August 14, 2020 (Royal Assent)].
Section 118 (1) (b) BEFORE amended by 2010-18-26, effective January 1, 2007 [retro from June 3, 2010 (Royal Assent)].
(b) the individual was registered in an eligible recognized program in the taxation year;
Section 119 (1) (d) was added by 2010-18-27, effective January 1, 2007 [retro from June 3, 2010 (Royal Assent)].
Section 119.1 was enacted by 2010-18-28, effective January 1, 2007 [retro from June 3, 2010 (Royal Assent)].
Section 119.1 (1) (c) (part) BEFORE amended by 2022-4-66, effective December 1, 2022 (BC Reg 252/2022).
(c) the individual has received a Certificate of Qualification from the Industry Training Authority in the taxation year
Section 120 (1) (a) BEFORE amended by 2007-2-44(a), effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(a) the individual may claim a tax credit under section 118 or 119 for the taxation year, and
Section 120 (2) BEFORE amended by 2007-2-44(b), effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(2) An individual who has claimed a tax credit under section 118 for a taxation year may claim a tax credit of $500 for the taxation year.
Section 120 (1) (a) (i) BEFORE amended by 2010-18-29(a), effective January 1, 2007 [retro from June 3, 2010 (Royal Assent)].
(i) may claim a tax credit under section 118 or 119 for the taxation year, or
Section 120 (2) BEFORE amended by 2010-18-29(b), effective January 1, 2007 [retro from June 3, 2010 (Royal Assent)].
(2) An individual referred to in subsection (1) may claim a tax credit of $500 for a taxation year if
(a) the individual has claimed a tax credit under section 118 for the taxation year, or
(b) the individual has received an amount referred to in section 56 (1) (n.1) of the federal Act [federal apprenticeship incentive grant] in the taxation year.
Section 120 (3) BEFORE repealed by 2010-18-29(b), effective January 1, 2007 [retro from June 3, 2010 (Royal Assent)].
(3) An individual who has claimed a tax credit under section 119 for a taxation year may claim a tax credit for the taxation year in the amount that is the total of the following:
(a) if the individual completed in the taxation year the level 3 requirements for an eligible training program, $1 000;
(b) if the individual completed in the taxation year one or more of the level 4 or higher requirements for an eligible training program, $1 250 for each of the level 4 or higher requirements completed in the taxation year.
Section 120 (2) (d) BEFORE amended by 2016-10-26, effective May 19, 2016 (Royal Assent).
(d) the amount the individual has received in the taxation year that is an amount referred to in section 56 (1) (n.1) of the federal Act [federal apprenticeship incentive grant].
Sections 120 (0.1), (4) and (5) were added by 2025-10-24, effective April 1, 2025 [retro from May 29, 2025 (Royal Assent)].
Section 121 definition of "applicable period" BEFORE amended by 2012-8-52, effective December 31, 2011 [retro from May 14, 2012 (Royal Assent)].
"applicable period" means the period beginning on January 1, 2007 and ending on December 31, 2011;
Section 121 BEFORE re-enacted by 2012-8-53, effective October 1, 2012 (BC Reg 272/2012).
Definitions for this Division
121 In this Division:
"applicable period" means the period beginning on January 1, 2007 and ending on December 31, 2014;
"government assistance" means assistance from a government, municipality or other public authority, whether as a grant, subsidy, forgivable loan, deduction from tax, investment allowance or as any other form of assistance, but does not include an amount deemed to have been paid under section 127;
"non-government assistance" has the same meaning as in section 127 (9) of the federal Act.
Section 121 BEFORE amended by 2015-9-25, effective January 1, 2015 [retro from March 25, 2015 (Royal Assent)].
Section 121 BEFORE amended by 2019-7-25, effective January 1, 2019 [retro from April 11, 2019 (Royal Assent)].
Section 121 BEFORE amended by 2020-18-39, effective January 1, 2020 [retro from August 14, 2020 (Royal Assent)].
Section 122 (3) (a) and (b) BEFORE amended by 2009-14-40, effective July 1, 2009 [retro from October 29, 2009 (Royal Assent)].
(a) $2 000, and
(b) 10% of the amount determined by the following formula:
Section 122 (2) (a) (ii) BEFORE amended by 2010-18-30, effective January 1, 2007 [retro from June 3, 2010 (Royal Assent)].
(ii) relates to the eligible recognized program in which the employee is registered in the taxation year, and
Section 122 (1) definition of "eligible period", paragraph (a) BEFORE amended by 2022-4-67, effective December 1, 2022 (BC Reg 252/2022).
(a) is within 24 months after the date the employee entered into the industry training agreement, and
Section 124.1 was added by 2007-2-45, effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
Section 124.1 (3) (b) BEFORE amended by 2010-18-31, effective June 3, 2010 (Royal Assent).
(b) 15% of the amount determined by the following formula:
Section 124.1 (1) definition of "government assistance" BEFORE repealed by 2016-10-27, effective January 1, 2012 [retro from May 19, 2016 (Royal Assent)].
"government assistance" does not include a deduction under section 127 (5) of the federal Act in respect of an apprenticeship expenditure.
Section 124.1 (1) definition of "eligible apprentice" BEFORE amended by 2022-4-68(a), effective December 1, 2022 (BC Reg 252/2022).
"eligible apprentice" has the same meaning as in section 127 (9) of the federal Act except that the reference to "apprenticeship contract" in that section is to be read as "industry training agreement";
Section 124.1 (1) definition of "eligible period", paragraph (a) BEFORE amended by 2022-4-68(b), effective December 1, 2022 (BC Reg 252/2022).
(a) is within 24 months after the date the eligible apprentice entered into the industry training agreement, and
Section 124.1 (2) (a) (ii) BEFORE amended by 2022-4-69, effective December 1, 2022 (BC Reg 252/2022).
(ii) relates to the trade in respect of which the eligible apprentice has entered into an industry training agreement, and
Section 126 (1) and (2) BEFORE amended by 2007-2-46(a), effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(1) If in a taxation year an eligible employer is a member of a partnership, other than a specified member, as defined in section 248 (1) of the federal Act, the eligible employer may claim a tax credit under section 122, 123 or 124 for the taxation year in the amount that is the appropriate portion of the amount determined under section 122, 123 or 124 for the partnership for its taxation year ending in the taxation year of the eligible employer.
(2) In determining, for the purpose of subsection (1), the amount under section 122, 123 or 124 for a partnership for a taxation year, the following rules apply:
Section 126 (2) (b) BEFORE amended by 2007-2-46(b), effective January 1, 2007 [retro from March 12, 2007 (Royal Assent)].
(b) in sections 122 (3) (b) and 123 (4), in the descriptions of "designated assistance", the reference to "at the time of filing of the eligible employer's return of income for the taxation year" is to be read as "on or before the filing-due date of the partnership for the taxation year";
Division 3.1, and sections 126.1 to 126.6 therein, were enacted by 2012-8-55, effective October 1, 2012 (BC Reg 272/2012).
Section 126.1 definition of "ship" (part) BEFORE amended by 2017-10-23, effective November 2, 2017 (Royal Assent).
"ship" means a seagoing vessel propelled by engine, but does not include
Section 126.1 definition of "applicable period" BEFORE amended by 2019-7-26, effective April 11, 2019 (Royal Assent).
"applicable period" means the period beginning on the prescribed date and ending on December 31, 2019;
Section 126.1 definition of "applicable period" BEFORE amended by 2022-11-26, effective June 2, 2022 (Royal Assent).
"applicable period" means the period beginning on the prescribed date and ending on December 31, 2022;
Section 126.1 definition of "applicable period" BEFORE amended by 2024-13-87, effective April 25, 2024 (Royal Assent).
"applicable period" means the period beginning on the prescribed date and ending on December 31, 2024;
Section 126.2 (1) definition of "eligible industry program", paragraph (b) BEFORE amended by 2022-4-70(a), effective December 1, 2022 (BC Reg 252/2022).
(b) an accredited program, as defined in the Industry Training Authority Act;
Section 126.2 (1) definition of "eligible period", paragraph (a) BEFORE amended by 2022-4-70(b), effective December 1, 2022 (BC Reg 252/2022).
(a) is within 24 months after the date the employee entered into the industry training agreement, and
Section 128 (2) BEFORE amended by 2018-12-18, effective January 1, 2015 [retro from May 17, 2018 (Royal Assent)].
(2) A taxpayer is not entitled to a tax credit under this Part in respect of a taxation year unless, within 36 months after the end of the taxation year, the taxpayer files the form containing the information required under subsection (1).
Section 128 (3) was added by 2021-18-31, effective March 13, 2020 [retro from June 17, 2021 (Royal Assent)].
Section 131 (1) (h) BEFORE amended by 2010-18-32(a), effective January 1, 2007 [retro from June 3, 2010 (Royal Assent)].
(h) prescribing requirements for the purposes of section 118 (1) (d).
Section 131 (1) (i) was added by 2010-18-32(b), effective January 1, 2007 [retro from June 3, 2010 (Royal Assent)].
Section 131 (1) (part) BEFORE amended by 2010-18-33(a), effective October 8, 2010 (BC Reg 299/2010).
(1) Without limiting section 48 (1) and (2), the Lieutenant Governor in Council may make regulations as follows:
Section 131 (1) (a) and (h) BEFORE repealed by 2010-18-33(b), effective October 8, 2010 (BC Reg 299/2010).
(a) defining any word or expression used in this Part;
(h) prescribing requirements for the purposes of section 118 (1) (d), 119 (1) (d) or 119.1 (1) (d);
Section 131 (2) (part) BEFORE amended by 2010-18-33(c), effective October 8, 2010 (BC Reg 299/2010).
(2) In making regulations under subsection (1) (d) to (g), the Lieutenant Governor in Council may do one or more of the following:
Section 131 (3) BEFORE amended by 2010-18-33(e), effective October 8, 2010 (BC Reg 299/2010).
(3) Regulations made under subsection (1) may be made retroactive to January 1, 2007 or a later date, and if made retroactive are deemed to have come into force on the specified date.
Section 131 (1) (b) and (c) BEFORE amended by 2022-4-72, effective December 1, 2022 (BC Reg 252/2022).
(b) prescribing as an eligible recognized program a program that is a recognized program, as defined in the Industry Training Authority Act;
(c) prescribing as an eligible training program a program that is an industry training program, as defined in the Industry Training Authority Act;
Section 131 (2) (c) (part) BEFORE amended by 2022-4-73, effective December 1, 2022 (BC Reg 252/2022).
(c) adopt a level of requirements established by the Industry Training Authority for an eligible recognized program or eligible training program
Section 131 (1) (j), (k) and (l) were added by 2025-10-25(a), effective April 1, 2025 [retro from May 29, 2025 (Royal Assent)].
Section 131 (2) BEFORE amended by 2025-10-25(b), effective April 1, 2025 [retro from May 29, 2025 (Royal Assent)].
(2) In making regulations under subsection (1) (d) to (g), the Commissioner of Income Tax may do one or more of the following:
(a) establish different requirements for different eligible recognized programs and different eligible training programs;
(b) define classes of eligible recognized programs and eligible training programs and make different regulations for different classes of eligible recognized programs and eligible training programs;
(c) adopt a level of requirements established by SkilledTradesBC for an eligible recognized program or eligible training program
(i) in whole, in part or with any changes considered appropriate, and
(ii) as it stands at a specific date, as it stands at the time of adoption or as amended from time to time.
Section 132 definition of "interactive digital media product", paragraph (c) (part) BEFORE amended by 2017-10-24, effective November 2, 2017 (Royal Assent).
(c) is capable of presenting information in at least two of the following forms:
Section 133 (1) (d) BEFORE amended by 2017-12-59, effective February 22, 2017 [retro from November 2, 2017 (Royal Assent)].
(i) the corporation's principal business in the taxation year is the development of interactive digital media products, or
(ii) all or substantially all of the corporation's business in the taxation year consists of one or both of the following:
(A) the development of interactive digital media products;
(B) the provision of eligible activities to a corporation who has a permanent establishment in British Columbia and whose principal business is the development of interactive digital media products;
Section 133 (1) (e) BEFORE repealed by 2017-12-59, effective February 22, 2017 [retro from November 2, 2017 (Royal Assent)].
(e) the amount equal to the eligible salary and wages, as determined under section 134 (2) in respect of the corporation for the taxation year, is greater than $100 000.
Section 133 (1.1) and (2.1) were added by 2017-12-59, effective February 22, 2017 [retro from November 2, 2017 (Royal Assent)].
Section 133 (2) BEFORE amended by 2017-12-59, effective February 22, 2017 [retro from November 2, 2017 (Royal Assent)].
(2) If a corporation has a taxation year of less than 365 days, the reference in subsection (1) (e) to $100 000 is to be read in respect of the corporation as a reference to the amount equal to that proportion of $100 000 that the number of days in the taxation year bears to 365.
Section 133 (3) (g) BEFORE repealed by 2017-12-59, effective February 22, 2017 [retro from November 2, 2017 (Royal Assent)].
(g) is an eligible business corporation registered under Part 2 of the Small Business Venture Capital Act,
Section 133 (3) (h) BEFORE amended by 2017-12-59, effective February 22, 2017 [retro from November 2, 2017 (Royal Assent)].
(h) is controlled directly or indirectly in any manner whatever by one or more corporations described in paragraphs (a) to (g), or
Section 134 (2) paragraph (b) (iii) of the description of "eligible salary and wages" BEFORE amended by 2015-9-26, effective March 25, 2015 (Royal Assent).
| where | ||||
| designated assistance | = | the total of all amounts that would be included under section 12 (1) (x) of the federal Act in computing the income of the corporation for the taxation year if that section were read without reference to subparagraphs (v) to (vii) of that section and that can reasonably be considered to be in respect of eligible salary and wages, but does not include | ||
| (a) | a prescribed amount, | |||
| (b) | an amount deemed to have been paid under section 135 of this Act, or | |||
| (c) | an amount deducted under section 127 (5) or (6) of the federal Act; | |||
| eligible salary and wages | = | the total salary or wages that | ||
| (a) | are directly attributable to eligible activities, | |||
| (b) | are incurred | |||
| (i) | by the corporation in the taxation year, | |||
| (ii) | on or after September 1, 2010, and | |||
| (iii) | before September 1, 2015, | |||
| (c) | are paid to an individual who was resident in British Columbia at the end of December 31 of the year preceding the end of the taxation year for which a tax credit is claimed under this Part, and | |||
| (d) | are | |||
| (i) | included in the cost to, or in the case of depreciable property the capital cost to, the corporation of a property in the taxation year, or | |||
| (ii) | deductible as an outlay or expense in computing the income of the corporation for the taxation year. | |||
Section 134 (2), description of "eligible salary and wages" BEFORE amended by 2018-4-34, effective March 15, 2018 (Royal Assent).
| eligible salary and wages | = | the total salary or wages that | ||
| (a) | are directly attributable to eligible activities, | |||
| (b) | are incurred | |||
| (i) | by the corporation in the taxation year, | |||
| (ii) | on or after September 1, 2010, and | |||
| (iii) | before September 1, 2018, | |||
| (c) | are paid to an individual who was resident in British Columbia at the end of December 31 of the year preceding the end of the taxation year for which a tax credit is claimed under this Part, and | |||
| (d) | are | |||
| (i) | included in the cost to, or in the case of depreciable property the capital cost to, the corporation of a property in the taxation year, or | |||
| (ii) | deductible as an outlay or expense in computing the income of the corporation for the taxation year. | |||
Section 134 (2) description of "eligible salary and wages", paragraph (b) (iii) BEFORE amended by 2023-23-86, effective May 11, 2023 (Royal Assent).
| (iii) | before September 1, 2023, |
Section 138 (3) was added by 2021-18-32, effective March 13, 2020 [retro from June 17, 2021 (Royal Assent)].
Part 11, sections 141 to 150, was added by 2012-20-2, effective April 1, 2012 [retro from May 31, 2012 (Royal Assent).]
Part 11 heading BEFORE re-enacted by 2016-3-40, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
Section 141 definition of "eligible individual", paragraphs (b)(i) and (ii) BEFORE amended by 2016-3-41, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
(i) was a senior at the end of the taxation year in which a qualifying expenditure was paid in respect of a qualifying renovation to the individual's qualifying principal residence, or
(ii) was a qualifying relation of a senior at the end of the taxation year in which a qualifying expenditure was paid in respect of a qualifying renovation to the individual's qualifying principal residence;
Section 141 definition of "qualifying expenditure", paragraph (b) BEFORE amended by 2016-3-41, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
(b) made or incurred under the terms of an agreement entered into before April 1, 2012,
Section 141 the definition of "qualifying individual" was added by 2016-3-41, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
Section 141 definition of "qualifying principal residence", paragraphs (a) and (b) BEFORE amended by 2016-3-41, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
(a) if the individual is a senior at the end of the taxation year, the principal residence of the individual at any time during the taxation year or a residence that is reasonably expected to become the principal residence of the individual within 24 months after the end of the taxation year, or
(b) if the individual is not a senior at the end of the taxation year, the principal residence of the individual at any time during the taxation year and that is, at the same time, also the principal residence of a qualifying relation of the individual who is a senior at the end of the taxation year, or a residence that is reasonably expected to become such a shared principal residence within 24 months after the end of the taxation year;
Section 141 definition of "qualifying renovation", paragraph (a) BEFORE amended by 2016-3-41, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
(a) that is part of a renovation or alteration of a qualifying principal residence of a senior or of the land on which the residence is situated, or that is part of the construction of the residence, that can reasonably be considered to be undertaken
(i) to enable the senior to gain access to, or to be mobile or functional within, the residence or the land, or
(ii) to reduce the risk of harm to the senior within the residence or the land, or in gaining access to the residence or the land,
Section 142 (6) (b) BEFORE amended and (7.1) was added by 2015-8-36, effective April 1, 2012 [retro from March 25, 2015 (Royal Assent)].
(b) if an individual and the individual's spouse or common-law partner on December 31 of a taxation year are both entitled to claim a tax credit under this section, the total amount of qualifying expenditures that may be claimed by the 2 individuals for the taxation year cannot exceed $10 000.
Section 142 (3) BEFORE amended by 2016-5-43,Sch 5 and 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent)
(3) If a qualifying expenditure in respect of a qualifying renovation is paid by an individual in 2 or more installments, the total of all installments with respect to the qualifying expenditure is deemed to have been paid on the earlier of the date on which the last installment was paid and the date the last installment became payable.
Section 144 (3) and (4) BEFORE amended by 2016-3-42, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
(3) If an individual becomes bankrupt in a calendar year and, when the bankruptcy occurs, the individual is not a senior but becomes a senior by the end of the calendar year, the bankrupt individual is eligible to claim a tax credit under section 142 for the taxation year that ends at the time of the bankruptcy.
(4) If an individual becomes bankrupt in a calendar year and, when the bankruptcy occurs, the individual is a qualifying relation of another individual who is not a senior at that time but becomes a senior by the end of the calendar year, the bankrupt individual is eligible to claim a tax credit under section 142 for the taxation year that ends at the time of the bankruptcy.
Part 12, sections 151 to 171, was enacted by 2012-20-3, effective February 21, 2012 [retro from May 31, 2012 (Royal Assent).]
Section 197 (1) BEFORE amended by 2025-10-27, effective May 29, 2025 (Royal Assent).
(1) In this section, "interest date" means, in respect of a taxation year, the date that is the earlier of the following:
(a) the date that is 61 days after the date the corporation complies with section 183 (2) (a) and (b) [application for tax credit] for the taxation year;
(b) the date that is 31 days after the date the initial notice of determination for the taxation year is sent under section 189 (1) [notice of determination].
Section 202 (8) BEFORE repealed by 2021-18-33, effective June 17, 2021 (Royal Assent).
(8) An appeal lies from a decision of the court to the Court of Appeal with leave of a justice of the Court of Appeal.
Section 209 (part) BEFORE amended by 2022-42-61,Sch 2, effective September 1, 2023 (BC Reg 187/2023).
Section 211 (3) BEFORE amended by 2022-42-60,Sch 1, effective September 1, 2023 (BC Reg 187/2023).
(3) For the purposes of this Part, the measuring and taking of samples of natural gas is to be made in accordance with the regulations made under the Oil and Gas Activities Act.
Part 14, sections 214 to 239, was enacted by 2020-19-18, effective May 1, 2020 [retro from August 14, 2020 (Royal Assent)].
Section 215 (1) (a) BEFORE amended by 2021-18-34, effective May 1, 2020 [retro from June 17, 2021 (Royal Assent)].
(a) either of the following applies:
(A) is entitled to receive an income support payment under the Canada Emergency Response Benefit Act, and
(B) has not repaid or is not required to repay all of the income support payments received under the Canada Emergency Response Benefit Act;
(ii) the individual would have been entitled to receive an income support payment under the Canada Emergency Response Benefit Act if
(A) that Act read in accordance with subsection (6) of this section, and
(B) the individual had made an application in accordance with that Act;
Section 215 (1.1) was added by 2021-18-35(a), effective May 1, 2020 [retro from October 12, 2021 (BC Reg 259/2021)].
Section 215 (2) and (5) BEFORE amended by 2021-18-35(b), effective May 1, 2020 [retro from October 12, 2021 (BC Reg 259/2021)].
(2) Despite subsection (1), an individual is not eligible for an emergency benefit if the individual is confined to a prison or similar institution for a period of at least 90 days that includes March 15, 2020.
(5) Despite subsection (1), if a notice of determination is sent to an individual under section 217 (3) after a determination under subsection (4) of this section, the individual is deemed never to have been eligible for the emergency benefit.
Section 219 (1) (a) BEFORE amended by 2021-18-37(a), effective May 1, 2020 [retro from June 17, 2021 (Royal Assent)].
Section 219 (1) (b) (v) and (vi) were added by 2021-18-37(b), effective May 1, 2020 [retro from June 17, 2021 (Royal Assent)].
Section 219 (1) (part) BEFORE amended by 2021-18-36, effective May 1, 2020 [retro from October 12, 2021 (BC Reg 259/2021)].
(1) If an individual receives an amount paid under section 218 and the individual no longer meets all of the eligibility requirements in section 215 (1), the individual must file a notice with the commissioner on or before the later of
Section 220 (a) BEFORE amended by 2024-13-88(a), effective December 3, 2023 [retro from April 25, 2024 (Royal Assent)].
(a) subject to paragraph (b), on or before December 2, 2023, or
Section 220 (a.1) was added by 2024-13-88(b), effective December 3, 2023 [retro from April 25, 2024 (Royal Assent)].
Section 229 (8) BEFORE repealed by 2021-18-33, effective June 17, 2021 (Royal Assent).
(8) An appeal lies from a decision of the court to the Court of Appeal with leave of a justice of the Court of Appeal.
Section 238 (1) (a.1) was added by 2021-18-38(a), effective May 1, 2020 [retro from October 12, 2021 (BC Reg 259/2021)].
Section 238 (2.1) was added by 2021-18-38(b), effective May 1, 2020 [retro from October 12, 2021 (BC Reg 259/2021)].
Part 15, sections 240 to 263, was enacted by 2021-18-39, effective December 18, 2020 [retro from June 17, 2021 (Royal Assent)].
Sections 267 to 270 were enacted by 2021-18-41, effective December 18, 2020 [retro from June 17, 2021 (Royal Assent)].
Part 16, sections 271 to 283, was enacted by 2022-11-27, effective February 23, 2022 [retro from June 2, 2022 (Royal Assent)].
Section 271 definition of "qualifying expenditure", paragraph (c) BEFORE amended by 2025-10-28(a), effective March 31, 2025 [retro from May 29, 2025 (Royal Assent)].
Section 271 definition of "qualifying retrofit", paragraph (b) BEFORE amended by 2025-10-28(b), effective March 31, 2025 [retro from May 29, 2025 (Royal Assent)].
Section 277 (2) (b) (part) BEFORE amended by 2024-13-89(a), effective April 25, 2024 (Royal Assent).
(b) a certificate given by a qualified person on or before March 31, 2027 in the form, and containing the information, required by the Commissioner of Income Tax that
Section 277 (4) BEFORE amended by 2024-13-89(b), effective April 25, 2024 (Royal Assent).
(4) An application under this section must be filed on or before March 31, 2027.
Section 277 (2) (b) BEFORE amended by 2025-10-29(a), effective March 31, 2025 [retro from May 29, 2025 (Royal Assent)].
(b) a certificate given by a qualified person on or before September 30, 2027 in the form, and containing the information, required by the Commissioner of Income Tax that
(i) states that the retrofit has reduced the EUI of the building, and
(A) the target EUI for the building,
(B) the EUI of the building for a year that ends within 12 months before the retrofit begins, and
(C) the EUI of the building for a year that begins after the retrofit is completed and ends on or before March 31, 2027;
Section 277 (2) (b) (ii) (C) BEFORE amended by 2025-10-29(b), effective March 31, 2025 [retro from May 29, 2025 (Royal Assent)].
(C) the EUI of the building for a year that begins after the retrofit is completed and ends on or before March 31, 2027;
Section 277 (4) BEFORE amended by 2025-10-29(c), effective March 31, 2025 [retro from May 29, 2025 (Royal Assent)].
(4) An application under this section must be filed on or before September 30, 2027.
The Supplement to the Income Tax Act BEFORE repeal by 2002-12-14, effective March 31, 2002 [retro from April 11, 2002 (Royal Assent)].
[Supplement]
Income Tax Act
[RSBC 1996] CHAPTER 215
1 Section 14 of the Income Tax Act is amended by adding the following:
(9) In subsections (10) and (11):
"active business" means "active business" as defined in section 248 (1) of the federal Act;
"special enterprise" means a company that is a special enterprise under the Special Enterprise Zone and Tax Relief Act;
"tax relief period" means, subject to subsection (11), in relation to a special enterprise, the taxation year in which the special enterprise first becomes a special enterprise, and the 9 taxation years immediately following that year.
(10) If a special enterprise has, during a taxation year of that special enterprise falling within the tax relief period, active business income, the tax payable under subsection (2) or section 16 on the part of its income that is active business income is reduced by a percentage calculated by dividing the total number of days during that taxation year that the company is a special enterprise by the total number of days in that taxation year, and then multiplying the quotient so obtained by 100.
(11) If, in the opinion of the Minister of Finance and Corporate Relations, expressed in writing by a certificate signed by that minister, a special enterprise is carrying on the business formerly carried on by one or more other special enterprises, called in this subsection "predecessors", the tax relief period for that special enterprise that is carrying on the business ends at the earliest time that the tax relief period would have ended for any of the predecessors.
1985-57-27.


